Terms of service
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 Warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following terms shall mean:
- Dispatch period means the period within which the consumer may exercise his right of withdrawal;
- Consumer means the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction means a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable Data Carrier means any means that enables the consumer or business to store information addressed to them personally in a manner that allows for future reference and unaltered reproduction of the stored information.
- Right of Withdrawal means the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Model form: the model form for withdrawal which the trader makes available that a consumer can fill in when he wants to exercise his right of withdrawal.
- Entrepreneur means the natural or legal person who offers products and/or services to consumers from a distance;
- Distance contract means a contract 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 contract, exclusive use is made of one or more techniques for distance communication;
- Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having met simultaneously in the same room.
- General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.
Article 2 - Identity of the Entrepreneur
Ashley van Ommeren, byAYVEO
Mgr. Wm. Bekkerslaan 50F
BEWARE! THIS IS NOT A VISITING ADDRESS
E-mail address: firstname.lastname@example.org
Corporate office number: 73099058
VAT identification number: NL002250912B24
If the entrepreneur's activity is subject to a relevant licensing regime: thedata on the supervisory authority:
If the entrepreneur is engaged in a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general 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 conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, in derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer in electronic form in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise 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 shall apply by analogy and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is the most favourable to him.
- If one or more provisions of these general conditions at any time are wholly or partially void or voided, the remainder of the agreement and these conditions will remain in effect and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the intent of the original provision as closely as possible.
- Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Uncertainty 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. This is not the case for any other provisions of our terms and conditions.
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 is without obligation. The entrepreneur is entitled to change and modify 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 obvious errors in the offer are not binding on the entrepreneur.
- All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
- Pictures of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
- 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 cost of shipping, if any;
- the manner in which the agreement will be concluded and what actions are required for this purpose;
- the applicability or otherwise of the right of withdrawal;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
- whether the contract is archived after its conclusion, and if so in what way it can be consulted by the consumer;
- the way in which the consumer can, before the conclusion of the contract, check the data provided by him in the context of the contract and, if desired, restore it;
- the other languages, if any, in which the agreement may be concluded in addition to Dutch;
- 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 an endurance transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The Agreement
- Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.
- The contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within the law - to inform the consumer about 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 examination, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can easily store it on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can go withcomplaints;
- the conditions under 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;
- the information about warranties and existing service after purchase;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of an enduring transaction, the provision of the preceding paragraph shall apply only to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the opportunity to dissolve the contract without giving any reason during 14 days. This period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.
- During the reflection period the consumer will handle the product and its 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 exercises his right of withdrawal, he will be the product with all accessories and - if reasonably possible - in its original condition and packaging to return the operator, according to the trader provided reasonable and clear instructions.
- When 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 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 are returned on time, for example by means of a proof of posting.
- If, at the end of the periods mentioned in paragraphs 2 and 3, the customer has not indicated his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In case of provision of services:
- In the case of delivery of services, the consumer has the opportunity to dissolve the contract without giving reasons for at least 14 days, starting on the day of entering into the agreement.
- To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest at delivery.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
- In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any decrease in the value of the product.
- The consumer can not be held liable for depreciation of the product when by the entrepreneur not all legally required information about the right of withdrawal is provided, this should be done before the conclusion of the sales contract.
Article 8 - Exclusion of right of withdrawal
- The trader can preclude the consumer from having a right of withdrawal for products as described in paragraph 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 agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been realized by the entrepreneur in accordance with the specifications of the consumer;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that may spoil or age rapidly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- relating to lodging, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- whose delivery began with the consumer's express consent before the cooling-off period expired;
- 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.
- Notwithstanding the preceding paragraph, the operator may offer products or services whose prices are subject to fluctuations in the financial market and over which the operator has no influence, with 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 agreement are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- these are the result of statutory regulations or provisions; or
- 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 are inclusive of VAT.
- All prices are subject to printing and typesetting errors. For the consequences of misprints no liability is accepted. For misprints and typesetting errors, the company is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed 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 trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.
- Eventual defects or faulty products should be reported in writing to the entrepreneur within 4 weeks after delivery. Return of the products must occur in the original packaging and in new condition.
- The warranty period of the entrepreneur 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.
- 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 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 regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Performance
- The entrepreneur will take the greatest possible care in receiving and carrying out orders for 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 will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to any compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a period gives the consumer no right to compensation.
- 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.
- If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make available a replacement item. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. With 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 - Term Transactions: duration, termination and renewal
- The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
- The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a maximum notice period of one month.
- The consumer may terminate the agreements mentioned in the preceding paragraphs:
- cancel at any time and not be limited to cancellation at a particular time or in a particular period;
- at least terminate in the same manner as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
- A contract entered into for a definite period of time and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- In departure from the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a period of up to three months, if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.
- A contract for a definite period, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- In order to maintain the contract, the consumer must be informed about the existence of the contract and the consequences thereof. A contract with a limited duration for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and terminates automatically at the end of the trial or introductory period.
- If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness resist termination before the end of the agreed term.
- In the event that the contract is terminated before the end of the agreed term, the consumer may terminate the contract at any time with a notice period of up to one month.
Article 13 - Payment
- When not otherwise agreed, the amounts payable by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of a contract to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in payment data provided or stated immediately to the entrepreneur.
- In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has found 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 foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute resolution procedure.
- In case of complaints, a consumer should first turn to the entrepreneur. If the store is affiliated with Stichting WebwinkelKeur and complaints that can not be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution cannot be found, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding decision. 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).
- 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 will, at its option, either replace or repair the delivered products free of charge.
Article 15 - Disputes
- On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law. Even if the consumer resides abroad.
- The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 16 - Additional or different provision
Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer's detriment and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.