Terms & Conditions
TERMS AND CONDITIONS (OK)
General Terms
and Conditions Verschoorpak
Index:
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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration,
cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 1 - Definitions
In these terms and
conditions, the following definitions apply:
1.
Reflection period :
the period within which the consumer can make use of his right of withdrawal;
2.
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;
3.
Day : calendar day;
4.
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;
5.
Durable data carrier : any means
that enables the consumer or entrepreneur to store information that is
personally addressed to him in a way that allows 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 that the entrepreneur makes available that a consumer can
fill in when he wants to make use of 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 in which, within the framework of a system organized by the
entrepreneur for the distance selling of products and/or services, up to and
including the conclusion of the agreement, exclusive use is made of one or more
techniques for distance communication;
10.
Technique for distance
communication : means that can be used for concluding an
agreement, without the consumer and entrepreneur meeting simultaneously in the
same room.
11. General
Terms and Conditions : the present
General Terms and Conditions of the entrepreneur.
Article 2 - Identity of
the entrepreneur
K9 Factory by Verschoorpak;
Industrieweg 8D1, 5066
XJ, Moergestel;
Telefoonnummer: 013 513
1488 (9.00 – 17.00)
E-mailadres:
info@k9-factory.nl
KvK-nummer: 85263206
Btw-identificatienummer: NL004076827B44
Article 3 -
Applicability
1. These general terms and conditions apply to every offer from the
entrepreneur and to every distance contract and orders concluded between the
entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general
terms and conditions is 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 they will be sent free of charge as soon as possible at the
request of the consumer.
3. 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 the consumer can can be stored in a simple
way 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 will be sent free
of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in
addition to these general terms and conditions, the second and third paragraphs
apply mutatis mutandis and the consumer can always invoke the applicable
provision that is most favorable to him in the event of conflicting general
terms and conditions. is.
5. If at any time one or more provisions in these general terms and
conditions are wholly or partially void or destroyed, the remainder of the
agreement and these terms and conditions will remain in force and the relevant
provision will be replaced in mutual consultation without delay by a provision
that purports to of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions
must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more
provisions of our terms and conditions must be explained 'in the spirit' of
these terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to
conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change
and adjust the offer.
3. 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 are not binding on the
entrepreneur.
4. All images, specifications data in the offer are indicative and cannot
give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products
offered. Entrepreneur cannot guarantee that the displayed colors correspond
exactly to the real colors of the products.
6. 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;
·
any shipping costs;
·
the manner in which the agreement
will be concluded and which actions are required for this;
·
whether or not the right of
withdrawal applies;
·
the method of payment,
delivery and execution of the agreement;
·
the term for acceptance
of the offer, or the term within which the entrepreneur guarantees the price;
·
the amount of the rate
for distance communication if the costs of using the technology for distance
communication are calculated on a basis other than the regular base rate for
the means of communication used;
·
whether the agreement
will be archived after it has been concluded, and if so, how it can be
consulted by the consumer;
·
the way in which the
consumer, before concluding the agreement, can check and, if desired, restore
the data provided by him in the context of the agreement;
·
any other languages in
which, in addition to Dutch, the agreement can be concluded;
·
the codes of conduct to
which the entrepreneur is subject and the way in which the consumer can consult
these codes of conduct electronically; and
·
the minimum duration of
the distance contract in the case of a long-term transaction.
·
available
sizes, colours, type of materials.
Article 5 - The
agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at
the time of acceptance by the consumer of the offer and compliance with the
associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur
will immediately confirm receipt of acceptance of the offer electronically. As
long as the receipt of this acceptance has not been confirmed by the
entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will
take appropriate technical and organizational measures to secure the electronic
transfer of data and ensure a safe web environment. If the consumer can pay
electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can inform himself - within legal frameworks - whether
the consumer can meet his payment obligations, as well as about 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 with reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information to the consumer
with the product or service, in writing or in such a way that it can be stored
by the consumer in an accessible manner on a durable data carrier:
a. the visiting
address of the establishment of the entrepreneur where the consumer can go with
complaints;
b. the conditions
under which and the manner in which the consumer can make use of the right of
withdrawal, or a clear statement regarding the exclusion of the right of
withdrawal;
c. the information
about guarantees and existing after-sales service;
d. the information
included in Article 4 paragraph 3 of these terms and conditions, unless the
entrepreneur has already provided this information to the consumer before the
execution of the agreement;
e. the requirements
for terminating the agreement if the agreement has a duration of more than one
year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous
paragraph only applies to the first delivery.
7. Each agreement is entered into under the suspensive conditions of
sufficient availability of the products concerned.
Article 6 - Right of
withdrawal
When delivering products:
1. When
purchasing products, the consumer has the option to dissolve the agreement
without stating reasons during 14 days. This reflection period starts 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.
2. During
the cooling-off 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 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. If
the consumer wishes to make use of his right of withdrawal, he is obliged to
make this known to the entrepreneur within 14 days of receipt of the product.
The consumer must make this known by means of the model form. After the
consumer has indicated that he wishes to make use of 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
proof of shipment.
4. If,
after expiry of the periods referred to in paragraphs 2 and 3, the customer has
not indicated that he wishes to make use of his right of withdrawal resp. has
not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in
case of withdrawal
1. If the consumer makes use of his right of withdrawal, at most the costs
of return will be for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this
amount as soon as possible, but no later than 14 days after withdrawal. This is
subject to the condition that the product has already been received back by the
web retailer or conclusive proof of complete return can be submitted. Repayment
will be made via the same payment method used by the consumer, unless the
consumer expressly gives permission for another payment method.
3. In the
event of damage to the product due to careless handling by the consumer, the
consumer is liable for any loss in value of the product.
4. The
consumer cannot be held liable for depreciation of the product if the
entrepreneur has not provided all legally required information about the right
of withdrawal, this must be done before the conclusion of the purchase
agreement.
Article 8 - Exclusion
right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for
products as described in paragraphs 2 and 3. The exclusion of the right of
withdrawal only applies if the entrepreneur has stated this clearly in the
offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been
established by the entrepreneur in accordance with the consumer's
specifications;
b. which are
clearly personal in nature;
c. which by their
nature cannot be returned;
d. which can spoil
or age quickly;
e. for hygienic
products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning
accommodation, transport, restaurant business or leisure activities to be
carried out on a specific date or during a specific period;
b. the delivery of
which has started with the express consent of the consumer before the
cooling-off period has expired;
c. concerning
betting and lotteries.
Article 9 - The price
1. 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.
2. Contrary to the previous paragraph, the entrepreneur can offer variable
prices for products or services whose prices are subject to fluctuations in the
financial market and over which the entrepreneur has no influence. This
dependence on fluctuations and the fact that any prices quoted are target
prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement
are only permitted if they are the result of statutory regulations or
provisions.
4. Price increases from 3 months after the conclusion of the agreement are
only permitted if the entrepreneur has stipulated this and:
a. they are the
result of statutory regulations or provisions; or
b. the consumer has
the authority to cancel the agreement with effect from the day on which the
price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No
liability is accepted for the consequences of printing and typing errors. In
the event of printing and typesetting errors, the entrepreneur is not obliged
to deliver the product according to the incorrect price.
Article 10 - Conformity
and Warranty
1. 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 the statutory provisions and/or usability
existing on the date of the conclusion of the agreement. or government
regulations. If agreed, the entrepreneur also guarantees that the product is
suitable for other than normal use.
2. 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.
3. Any
defects or incorrectly delivered products must be reported to the entrepreneur
in writing within 2 months after delivery. The products must be returned in the
original packaging and in new condition.
4. The
entrepreneur's warranty period corresponds to the manufacturer's warranty
period. However, 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.
5. The
warranty does not apply if:
·
The consumer has
repaired and/or processed the delivered products himself or has had them
repaired and/or processed by third parties;
·
The delivered products
have been exposed to abnormal conditions or are otherwise handled carelessly or
contrary to the instructions of the entrepreneur and/or have been treated on
the packaging;
·
The defectiveness is
wholly or partly the result of regulations that the government has made or will
make with regard to the nature or quality of the materials used.
Article 11 - Delivery
and execution
1. The entrepreneur will take the greatest possible care when receiving
and executing orders for products and when assessing applications for the
provision of services.
2. The place of delivery is the address that the consumer has made known
to the company.
3. With due observance of what is stated in paragraph 4 of this article,
the company will execute accepted orders expeditiously, but at the latest
within 30 days, unless the consumer has agreed to a longer delivery period. If
the 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. In that case, the consumer has the right to dissolve the agreement
without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any
rights from any stated terms. Exceeding a term does not entitle the consumer to
compensation.
5. In the event of dissolution in accordance with paragraph 3 of this
article, the entrepreneur will refund the amount paid by the consumer as soon
as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the
entrepreneur will make every effort to make a replacement item available. At
the latest upon delivery, it will be stated in a clear and comprehensible
manner that a replacement item will be delivered. For replacement items right
of withdrawal can not be excluded. The costs of any return shipment are for the
account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur
until the moment of delivery to the consumer or a representative designated in
advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration
transactions: duration, cancellation and extension
cancellation
1. The consumer can terminate an agreement that has been entered into 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 of no more than one month.
2. The consumer can terminate an agreement that has been entered into for
a definite period and which extends to the regular delivery of products
(including electricity) or services, at any time towards the end of the fixed
term, subject to the agreed cancellation rules and a notice period of at least
maximum one month.
3. The consumer can conclude the agreements referred to in the previous
paragraphs:
·
cancel at any time and
are not limited to cancellation at a specific time or period;
·
at least cancel in the
same way as they entered into by him;
·
always cancel with the
same notice period as the entrepreneur has stipulated for himself.
extension
4. An agreement entered into for a definite period of time and which
extends to the regular delivery of products (including electricity) or services
may not be tacitly extended or renewed for a definite period.
4. Notwithstanding the previous paragraph, an agreement that has been
entered into for a definite period and which extends to the regular delivery of
daily news and weekly newspapers and magazines may be tacitly extended for a
fixed term of a maximum of three months, if the consumer opposes this extended
agreement . can cancel the end of the extension with a notice period of no more
than one month.
5. An agreement that has been entered into for a definite period and which
extends to the regular delivery of products or services may only be tacitly
extended for an indefinite period if the consumer may cancel at any time with a
notice period of at most one month and a notice period of at most three months
if the agreement extends to the regular, but less than once a month, delivery
of daily, news and weekly newspapers and magazines.
6. An agreement with a limited duration for 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
7. If an agreement has a duration of more than one year, the consumer may
terminate the agreement at any time after one year with a notice period of no
more than one month, unless reasonableness and fairness oppose cancellation
before the end of the agreed duration.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid
within 7 working days after the start of the reflection period as referred to
in Article 6 paragraph 1. In the event of an agreement to provide a service,
this period starts after the consumer has received confirmation of the
agreement.
2. The consumer has the obligation to immediately report inaccuracies in
the payment details provided or stated to the entrepreneur.
3. In the event of non-payment 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
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 submitted
fully and clearly described to the entrepreneur within 2 months, after the
consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a
period of 14 days from the date of receipt. If a complaint requires a
foreseeable longer processing time, the entrepreneur will answer within the
period of 14 days with a notification of receipt and an indication when the
consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute
arises that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first
turn to the entrepreneur.
6. A complaint does not suspend the entrepreneur's obligations, unless the
entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the
entrepreneur will, at its discretion, replace or repair the delivered products
free of charge.
Article 15 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the
consumer to which these general terms and conditions apply. Even if the
consumer lives abroad.
2. The Vienna Sales Convention does not apply.