General 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 – Conformity and guarantee Article 11 – Delivery and execution Article 12 – Duration transactions: duration, termination and extension Article 13 – Payment Article 14 – Complaints procedure Article 15 – Disputes Article 16 – Additional or deviating provisions Article 1 – Definitions In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and 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, of which the delivery and/or purchase obligation 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 renounce 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, in the context of a system organized by the entrepreneur for 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;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur Stichting Gratis Weggeefhoek Hengelsport Spullen abbreviated stichting GWHS Lijndonk 34 4907XD Oosterhout.nb Telephone number: 06-28089125 available from 9:00 am to 8:00 pm E-mail address: email@example.com Chamber of Commerce number: 66210275 Article 3 – Applicability
- These terms and conditions apply to any offer of the entrepreneur and to any distance and orders between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general conditions can be seen with the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request.
- If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will indicate before the distance agreement is concluded where the terms and conditions can be communicated by electronic means and that, at the request of the consumer, it is electronically or otherwise sent free of charge.
- 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.
- If one or more provisions in these terms and conditions are partially or partially null and void or destroyed at any time, the agreement and those conditions will remain in place for the rest and the relevant provision will be mutually agreed be replaced without delay by a provision which approximates the scope of the original as far as possible.
- Situations not regulated in these terms and conditions should be assessed 'in the spirit' of these general conditions.
- Ambiguities about the explanation or content of one or more terms of our terms and conditions should be explained 'in the spirit' of these terms and conditions.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
- All images, specifications details in the offer are indicative and cannot be grounds for damages or termination of the agreement.
- Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are connected with the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any cost of dispatch;
- the way in which the Agreement will be concluded and what acts are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the Agreement;
- the time limit for acceptance of the offer or the time limit within which the trader guarantees the price;
- the level of the distance communication rate if the cost of using the remote communication technique is calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion and, if so, in what way it can be consulted for the consumer;
- the way in which, before the conclusion of the contract, the consumer can verify and recover the information provided by him under the contract;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur has subjected himself and how consumers can consult these codes of conduct by electronic means; And
- the minimum duration of the distance agreement in the event of an endurance transaction.
- Optional: available sizes, colours, type of materials.
Article 5 – The agreement
- The agreement shall be concluded, subject to paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down therein.
- If the consumer has accepted the offer by electronic means, the trader shall immediately confirm by electronic means receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
- 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 secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate security measures.
- The entrepreneur may- within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors relevant to the responsible entry into the distance contract. If, on the basis of this examination, the economic operator has good grounds for not entering into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The economic operator shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, whereas:
- the visit address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- information on warranties and existing post-purchase service;
- the information contained in Article 4(3) of these conditions, unless the economic operator has already provided such information to the consumer before the performance of the contract;
- the requirements for termination of the contract if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of an expensive transaction, the provision in the previous paragraph shall apply only to the first delivery.
- Any agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal Upon delivery of products:
- When purchasing products, the consumer has the option of decomposing the contract for 14 days without giving reasons. This cooling-off 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.
- During the cooling-off period the consumer will handle the product and the packaging carefully. He will only extract or use the product to such an extent to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and, if reasonably possible, to the owner in its original condition and packaging, in accordance with the reasonable one provided by the entrepreneur and clear instructions.
- 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 after receipt of the product. The consumer must make the report by means of the model form. After the consumer has announced his wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the items delivered have been returned in good time, for example by means of proof of dispatch.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
- In the case of the provision of services, the consumer shall have the option of terminate the contract for at least 14 days without giving reasons, starting on the day of entering into the contract.
- In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the time of the supply.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the maximum cost of return will be borne.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but not later than 14 days after revocation. The condition here is that the product has already been received back by the webshop owner or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
- In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
- 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 of the right of withdrawal
- 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 applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- established by the entrepreneur in accordance with consumer specifications;
- which are clearly personal in nature;
- which cannot be returned by their very nature;
- which can quickly spoil or age;
- the price of which is tied to fluctuations in the financial market to which the entrepreneur has no influence;
- for separate newspapers and periodicals;
- audio and video recordings and computer software whose consumer has broken the seal.
- for hygienic products whose seal has broken the consumer.
- Exclusion of the right of withdrawal is only possible for services:
- on accommodation, transport, restaurant or leisure activities on a given date or during a specified period;
- the delivery of which began with the express consent of the consumer before the cooling-off period has elapsed;
- on bets and lotteries.
Article 9 – The price
- During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur has no influence on with variable prices. This commitment to fluctuations and the fact that any prices listed are target prices are indicated by the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legislation or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has negotiated it and:
- they are the result of legislation or provisions; Or
- the consumer has the power to terminate the contract from the day on which the price increase starts.
- The prices listed in the offer of products or services include VAT.
- All prices are subject to pressure – and sputting errors. No liability is accepted for the consequences of pressure and errors. In case of printing – and printing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity 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 soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also insists that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer shall not affect the legal rights and claims which the consumer may assert against the entrepreneur under the contract.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be made in the original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible 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 guarantee shall not apply if:
- The consumer has repaired and/or processed the products delivered himself or had it repaired and/or edited by third parties;
- The products delivered have been exposed to abnormal conditions or otherwise treated carelessly or are contrary to the indications of the trader and/or have been treated on the packaging;
- The fault of all or part is the result of regulations made or will be laid down by the public authorities as regards the nature or quality of the materials applied.
Article 11 – Delivery and execution
- The entrepreneur will take the utmost care when receiving and executing orders of products and in assessing requests for services.
- The place of delivery is the address that the consumer has made known to the company.
- Taking into account what is mentioned in paragraph 4 of this Article, the company shall carry out accepted orders with competent urgency but not later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive a message no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any of these time limits. Exceeding a period does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this Article, the trader shall repay the amount paid by the consumer as soon as possible, but not later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest at delivery, it will be clearly and understandably reported that a replacement item is delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return are at the expense of the entrepreneur.
- The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative and disclosed to the entrepreneur, unless expressly otherwise agreed.
Article 12 – Duration transactions: duration, termination and extension Termination
- The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a detached period and that 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 termination rules and a notice period of no more than one month.
- The consumer may:
- cancel at all times and are not limited to termination at a given time or during a given period;
- at least cancel in the same way as they have been contracted by him;
- always cancel with the same notice period as the entrepreneur has negotiated for himself.
- An agreement that has been entered into for a de determined period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
- 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 fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
- An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed indefinitely if the consumer is allowed to cancel at any time with a notice period not exceeding one month and a notice period of not more than three months in case the agreement extends to the regular, but less than once per 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.
- If an agreement has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of not more than one month, unless reasonableness and fairness are opposed to termination before the end of the agreed duration opposing.
Article 13 – Payment
- To the extent that no other agreement has been agreed, the amounts due by the consumer shall be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period shall begin after the consumer has received confirmation of the contract.
- The consumer has a duty to report inaccuracies in payment details provided or disclosed to the entrepreneur without delay.
- In the event of a consumer default, the trader shall have the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur replies within the 14-day period with a receipt notice and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute is created that is open to the dispute settlement.
- In the event of complaints, a consumer must first turn to the entrepreneur.
- A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur of her choice or the products delivered will be replaced or repaired free of charge.
Article 15 – Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions relate. Even if the consumer is residing abroad.
- The Enens Purchase Treaty does not apply.
Article 16 – Additional or different provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.