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 right of withdrawal
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Delivery and implementation
Article 12 – Duration transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different stipulations
Article 1 – Definitions
In these conditions the following terms have the following meanings:
1. Reflection period : the period within which the consumer can exercise his right of withdrawal;
2. Consumer : the natural person who does not act in the course of a profession or business and a enter into 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, 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 addressed to him personally in a way that future allows consultation and unaltered reproduction of the stored information.
6. Right of withdrawal : the possibility for the consumer to withdraw from the distance contract;
7. Model form : the model withdrawal form that the entrepreneur makes available a consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur : the natural or legal person who supplies products and / or services remotely offers consumers;
9. Distance contract : an agreement in the context of a by the entrepreneur organized system for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques are used for remote communication;
10. Remote communication technique : means that can be used to close an agreement, without the consumer and entrepreneur being simultaneously in the same room got together.
11. General Conditions : the present General Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Name entrepreneur: Dutch Pillart;
Business location; Wageningen
Telephone number: 06-40383230
Email address: info@dutchpillart.com
Chamber of Commerce number: 77192761
VAT identification number: NL003162077B16
Article 3 – Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance contract and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of this general conditions made available to the consumer. If this is not reasonably possible before the distance contract is concluded, it is indicated that the general conditions can be viewed at the entrepreneur and they are made available to the consumer as soon as possible may be sent free of charge.
3. If the distance contract is concluded electronically, it is possible to deviate from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions
be made available to the consumer electronically in such a way that it can be easily stored by the consumer in a sustainable way data carrier. If this is not reasonably possible, before the distance contract is closed, indicate where of the general terms and conditions electronically can be read and that at the request of the consumer electronically or will otherwise be sent free of charge.
4. In the event that in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraph is corresponding application and the consumer can always comply in case of conflicting terms and conditions invoke the applicable provision which is most favorable to him.
5. If one or more provisions in these general terms and conditions at any time wholly or
partially void or destroyed, then the agreement and these conditions remain the remainder will be maintained and will immediately replace the relevant provision in mutual consultation shall be approximated as closely as possible to the tenor of the original.
6. Situations not covered by these terms and conditions should be assessed according to the spirit ‘of these terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our conditions, must be interpreted ‘in the spirit’ of these general conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly 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 offered and / or services. The description is sufficiently detailed to allow a proper assessment of it offer by the consumer. If the entrepreneur uses images these are a true representation of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and can not be a reason compensation or dissolution of the agreement.
5. Pictures with products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real ones colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and are obligations associated with the acceptance of the offer. This concerns in the particular: the price including taxes; any shipping costs; the way in which the agreement will be concluded and which actions are necessary for this to be; whether or not to apply the right of withdrawal; 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 amount of the rate for distance communication if the costs of use of the technology for distance communication are calculated on a different basis then the regular basic rate for the means of communication used; whether the agreement is filed after its conclusion, and if so how it can be consulted by the consumer; the way in which the consumer, before entering into the agreement, enters into can check information provided under the agreement and if desired to recover; any other languages in which, in addition to Dutch, the contract may be closed; 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 event of an extended transaction.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur without delay electronically receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will find appropriate technical and organizational measures to safeguard and ensure the electronic transfer of data for a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures for this purpose.
4. The entrepreneur can – within legal frameworks – inform himself or the consumer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the ground of this investigation has good reasons not to enter into the agreement, he is entitled motivated to refuse an order or request or to fulfill special conditions to connect.
5. The entrepreneur will provide the following information in writing with the product or service to the consumer or in such a way that it can be accessed by the consumer in an accessible manner stored on a durable medium, enclose:
a. the visiting address of the establishment of the entrepreneur where the consumer complains can;
b. the conditions and how the consumer of the right of withdrawal use or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of is more than one year or indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the
first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
On delivery of products:
1. When purchasing products, the consumer has the option without statement of reasons to dissolve for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated by the consumer and representative announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal he will use the product with all accessories supplied and – if reasonably possible – in return the original condition and packaging to the entrepreneur, in accordance with the entrepreneur provided reasonable and clear instructions.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so to notify the entrepreneur within 14 days of receipt of the product. It the consumer must make this known using the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
4. If the customer has not made known after the periods referred to in paragraphs 2 and 3 want to use his right of withdrawal resp. the product does not have to the entrepreneur returned, the purchase is a fact.
When providing services:
5. When providing services, the consumer has the option of contract without notice of reasons to dissolve for at least 14 days, starting on the day of entering into of the agreement.
6. To make use of his right of withdrawal, the consumer will focus on the information provided by the
entrepreneur with the offer and / or at the latest upon delivery provided reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs will not exceed return at his expense.
2. If the consumer has paid an amount, the entrepreneur will notify this amount as soon as possible refundable, but no later than 14 days after cancellation. However, 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 submitted.
Article 8 – Exclusion of right of withdrawal
1. The entrepreneur can exclude the right of withdrawal of the consumer for products such as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has this clearly in the offer, at least in time for the conclusion of the agreement mention.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with specifications of the consumer;
b. which are clearly of a personal nature;
c. which cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has the seal has broken.
h. 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 certain date or during a certain period;
b. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the offer are offered products and / or services are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can provide products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on, offering variable prices. This bondage to 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 allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed 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 terminate the agreement with effect from the day
to 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. For the consequences of printing – and no errors are accepted. The entrepreneur is not responsible for printing and typographical errors obliged to deliver the product at the wrong price.
Article 10 – Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the
specifications stated in the offer, to the reasonable requirements of reliability and / or usability and the one existing on the date of the conclusion of the agreement legal provisions and / or government regulations. If agreed, the entrepreneur stands also ensures 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 requirements rights and claims that the consumer has under the contract against the entrepreneur can assert.
3. Any defects or incorrectly delivered products must be sent to the entrepreneur to be reported in writing. Return of the products must be made in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the factory warranty period. The 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 or delivered the delivered products himself have third parties repaired and / or processed;
The delivered products have been exposed to abnormal conditions or otherwise are treated carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has or will state with regard to the nature or quality of the materials used.
Article 11 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and in the execution of product orders and in the assessment of applications up to provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously within 30 days at the latest, unless consumer has agreed to a longer delivery period. If 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 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.
4. All delivery times are indicative. The consumer cannot meet any of the aforementioned periods derive rights. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution, refund.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery will be clear and in an understandable manner that a replacement item is supplied. With replacement the right of withdrawal cannot be excluded. The cost of any returns are for the account of the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur time of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
Cancellation
1. The consumer can enter into an agreement that has been concluded for an indefinite period and that extends to it regular delivery of products (including electricity) or services, at all times cancel with due observance of the agreed cancellation rules and a notice period not exceeding one month.
2. The consumer can enter into a contract that has been concluded for a definite period and that extends to it regular delivery of products (including electricity) or services, at all times terminate at the end of the fixed term with due observance of the agreed terms cancellation rules and a notice period of no more than one month.
3. The consumer can the agreements mentioned in the previous paragraphs: cancel at any time and not be limited to cancellation at a specific time or in a certain period; at least cancel in the same way as they have been entered into by him; always cancel with the same notice period as the entrepreneur has for himself stipulated.
Extension
4. An agreement that has been entered into for a definite period and that extends to regular delivery
of products (including electricity) or services, should not be tacit extended or renewed for a fixed period.
5. 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 tacitly be extended for a specified period of up to three months, if the consumer extended agreement at the end of the extension can cancel with a notice period up to one month.
6. A contract that has been concluded for a definite period and that extends to regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and one notice of up to three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and
Magazines.
7. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically after the trial or introductory period.
Expensive
8. If an agreement has a duration of more than one year, the consumer may, after one year terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness opposes cancellation before the end of the agreed duration resist.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer amounts must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period after the consumer has received the confirmation of the agreement.
2. The consumer has an obligation to make inaccuracies in payment details provided or stated report to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur has, subject to statutory restrictions, the right to recover reasonable costs notified to the consumer in advance to charge.
Article 14 – Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be complete and clear within 7 days described are submitted to the entrepreneur, after the consumer has the defects noted.
3. Complaints submitted to the entrepreneur will be counted from within a period of 14 days answered the date of receipt. As a complaint a foreseeable longer processing time questions, the entrepreneur will reply within 14 days with a message of receipt and an indication when the consumer can provide a more detailed answer expect.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible for the dispute settlement.
5. In case of complaints, a consumer must first turn to the entrepreneur.
6. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
7. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur in writing otherwise.
8. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will go to her choice whether the delivered products are replaced or repaired free of charge.
Article 15 – Disputes
1. On agreements between the entrepreneur and the consumer on which this general conditions, only Dutch law applies. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or different stipulations Additional or deviating provisions from these general terms and conditions may not be disadvantageous of the consumer and must be recorded in writing or in such a way that it can be stored in an accessible manner by the consumer in a sustainable manner data carrier
