Article 1 – Definitions Article 2 – Identity of the entrepreneur Article 3 – Applicability Article 4 – The offer Article 5 – The contract Article 6 – Right of withdrawal Article 7 – Costs in the event of withdrawal Article 8 – Exclusion of the right of withdrawal Article 9 – The price Article 10 – Compliance and warranty Article 11 – Delivery and execution Article 12 – Duration transactions: duration, termination and extension Article 13 – Payment Article 14 – Settlement of complaints Article 15 – Disputes Article 16 – Additional or deviating provisions Article 17 – Price errors Article 18 – Right of withdrawal and trial period
ARTIKEL 1 - DEFINITIONS
In these general terms and conditions, the following terms mean:
Reflection period: period during which the consumer can use his right of withdrawal; Consumer: natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur; Day: calendar day; Spread transaction: a distance selling contract concerning products and/or services is recurring, the obligation of delivery and/or purchase of which is spread over a certain period; Durable data carrier: any means that allows the consumer or entrepreneur to store information that has been addressed to him personally in such a way that future consultation and unaltered reproduction are made possible. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period; Entrepreneur: the natural or legal person who offers consumers products and/or services at a distance; Distance contract: a contract in which, within the framework of a system of distance selling of products and/or services organized by the entrepreneur, until the conclusion of the contract, exclusive use is made of one or several techniques for remote communication; Technique for distance communication: means which can be used for the conclusion of a contract, without the consumer and the entrepreneur being together simultaneously in the same premises.
Article 2 – Identity of the entrepreneur
Trade name: The Dutchwoodcraft Company BV Address: Bedrijvenweg 6a, Neede, NL Phone: +31 (0)545700258 Email: email@example.com CCI number: 92311431 VAT identification number: NL865994006B01
If the activity of the entrepreneur is subject to a relevant authorization system: the contact details of the supervisory authority; If the entrepreneur carries out a regulated activity: - the professional association or organization to which he belongs; - the name of the profession and the place in the EU or the European Economic Area where it was granted; - a reference to the ethical rules applicable in the Netherlands and indications where and how they can be accessed.
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent to him at his request as soon as possible and free of charge. If the distance contract is concluded electronically, the text of these general conditions may, by way of derogation from the provisions of the preceding paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that this text can be stored by the consumer in a simple manner on a durable data medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, of the place where he can read the general conditions electronically, and he will be informed that these conditions will be sent to him at its request as soon as possible and free of charge, electronically or otherwise. In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke, in the event of general conditions contradictory, the applicable provision which is most favorable to him.
Article 4 – The offer
If an offer has a limited period of validity or if it is conditional, this information is expressly mentioned in the offer. The offer includes a complete and precise description of the products and/or services offered. This description is sufficiently detailed for the consumer to properly assess the offer. The images that the entrepreneur could use are a faithful reproduction of the products and/or services offered. The entrepreneur is not bound by errors or apparent errors in the offer. Each offer contains information such that it is clear to the consumer what rights and obligations are linked to the acceptance of the offer. These are in particular: the price, including tax; any delivery costs; the way in which the contract is carried out and the necessary actions in this regard; the applicability or not of the right of withdrawal; the method of payment, delivery and performance of the contract; the period granted for the acceptance of the offer, or the period during which the entrepreneur guarantees the price; the amount of the tariff for remote communication if the costs for the use of the technique for remote communication are calculated on a basis other than the usual basic tariff for the means of communication used; whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer; the way in which the consumer, before the conclusion of the contract, can check the data transmitted within the framework of the contract and if necessary, the way of correcting them; any other languages in which, in addition to Dutch, the contract may 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 spread transaction.
Article 5 – The contract
Subject to what is provided for in paragraph 4, the contract is concluded when the consumer accepts the offer and the conditions set therein are fulfilled. If the consumer has accepted the offer electronically, the entrepreneur shall confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can withdraw from the contract. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to protect the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end. The entrepreneur can, within the limits imposed by law, inquire whether the consumer can meet his payment obligations and all facts and factors that are important for concluding the distance contract in a considered manner. If, on the basis of this research, the entrepreneur has good reasons for not concluding the contract, he has the right to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will send the consumer the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data medium: at. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints; b. the conditions under which and the way in which the consumer can use the right of withdrawal, or on the contrary a clear statement saying that the right of withdrawal is excluded; vs. information on existing after-sales service and warranties; d. the data listed in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract; e. the conditions for terminating the contract if the duration of the contract is more than one year or if the contract has an indefinite duration. In the case of a spread transaction, the provisions in the preceding paragraph only apply to the first delivery.
Article 6 – Right of withdrawal
In case of delivery of products:
In the event of the purchase of products, the consumer has the possibility of terminating the contract without giving reasons for a period of 14 days. This reflection period begins the day after the day of receipt of the product by the consumer or a representative previously designated by the consumer and informed to the entrepreneur. During this reflection period, the consumer will treat the product and the 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 to the entrepreneur with all accessories, if possible in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. In case of provision of services:
In the event of the provision of services, the consumer has the possibility of denouncing the contract without giving reasons for at least fourteen days from the day of the conclusion of the contract. To use his right of withdrawal, the consumer will comply with the reasonable and clear instructions that the entrepreneur will give at the time of the offer and/or, at the latest, during the service.
Article 7 – Costs in the event of withdrawal
If the consumer uses his right of withdrawal, only the return costs are charged to him. If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, and at the latest within 30 days of the return shipment or withdrawal.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can only exclude the right of withdrawal of the consumer within the limits of the provisions of paragraphs 2 and 3. This exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at all least in time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products: at. that the entrepreneur has made in accordance with the consumer's specifications; b. that are clearly personal in nature; vs. which cannot be returned by their nature; d. that spoil or age quickly; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur can have no influence; f. for newspapers and magazines sold by number; g. for audio and video recordings and software whose seals the consumer has broken; h. custom ordered; i. sealed, if the seal has been broken (for example CDs, CD-ROMs, DVDs etc. Perishable products, personal data and magazines and newspapers. The exclusion of the right of withdrawal is only possible for services: at. relating to accommodation, transport, the operation of a restaurant or the organization of leisure activities on a specific date or during a specific period; b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired; vs. concerning bets and lotteries
Article 9 – The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except in the event of price changes as a result of changes in VAT rates. By way of derogation from the previous paragraph, the entrepreneur may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur cannot exert any influence. This dependence on fluctuations and the fact that any prices mentioned are indicative prices are clearly stated in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal rules or regulations. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them, and if: at. they result from rules or legal provisions; or b. the consumer has the right to terminate the contract on the day the price increase takes effect. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 – Compliance and warranty
The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, meet the reasonable requirements of quality and/or usability and the legal provisions and/or government regulations valid at the time of date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use. 2. A guarantee offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the contract.
Article 11 – Delivery and execution
The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing applications for the provision of services. The place of delivery is the address that the consumer has communicated to the company. Taking into account what is mentioned on this subject in article 4 of these general conditions, the company will execute accepted orders promptly and at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is late or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after he has placed the order. In this case, the consumer has the right to dissolve the contract free of charge and he is entitled to any damages. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible and at the latest within 30 days of termination. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make another product available to replace the ordered product. At the latest on delivery, it is clearly and understandably indicated that an item is delivered as a replacement. In the event of replacement items, the right of withdrawal cannot be excluded. The costs of any reshipment are borne by the entrepreneur. The entrepreneur bears the risk of damage and/or loss of products until delivery to the consumer or a representative previously appointed and informed to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
The consumer may at any time terminate a contract of indefinite duration, aimed at the regular delivery of products (including electricity) or services, by observing the agreed termination rules and a notice period of a maximum of one month. The consumer may at any time before the end of the fixed term terminate a fixed-term contract, the purpose of which is the regular delivery of products (including electricity) or services, observing the agreed termination rules and a notice period a maximum of one month. Regarding the contracts in the previous paragraphs, the consumer can: terminate at any time, without being limited to termination at a specific time or during a specified period; terminate at least in the same way as he subscribed to them; always terminate them with the same notice period as the entrepreneur has stipulated for himself. Extension
A fixed-term contract aimed at the regular delivery of products (including electricity) or services cannot be renewed or extended tacitly for a fixed period. Contrary to the previous paragraph, a fixed-term contract aimed at the regular delivery of newspapers, dailies, weeklies and magazines can be tacitly renewed for a maximum period of three months, if the consumer can terminate this renewed contract with a notice period. a maximum of one month. A fixed-term contract aimed at the regular delivery of products or services cannot be tacitly renewed for an indefinite period if the consumer can terminate at any time, with a notice period of a maximum of one month. The notice period is a maximum of three months if the purpose of the contract is the regular delivery, but less than once a month, of newspapers, dailies and weeklies and magazines. A fixed-term contract for the regular delivery of newspapers, dailies, weeklies and magazines within the framework of a trial subscription is not automatically renewed and ends automatically at the end of the trial period. Duration
If a contract has a duration of more than one year, the consumer may terminate at any time with a notice period of a maximum of one month after one year, unless termination before the end of the agreed period is not reasonable or fair.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period provided for in Article 6(1). In the case of a contract for the provision of services, this period begins after the consumer has received confirmation of the contract. When selling products to consumers, the advance payment to be stipulated in the general conditions can never exceed 50%. When an advance payment has been stipulated, the consumer cannot assert any rights concerning the execution of the order or the provision of the service(s) before the stipulated advance payment has been made. The consumer is obliged to notify the entrepreneur immediately of errors in the payment data provided or mentioned. In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer the reasonable costs which he has communicated to him in advance.
Article 14 – Settlement of complaints
The entrepreneur has a sufficiently well-known complaints procedure and handles every complaint in accordance with this complaints procedure. Complaints about the performance of the contract must be submitted to the entrepreneur, fully and in detail, within an adequate period of time after the consumer has discovered the defects. Complaints submitted to the entrepreneur must be responded to within 14 days from the date of receipt. If it is foreseeable that the examination of a complaint will require more time, the entrepreneur will reply within the period of 14 days by letter with acknowledgment of receipt indicating when the consumer can expect to receive a more detailed reply. . If the complaint cannot be resolved in mutual consultation, it gives rise to a dispute which will be subject to dispute resolution.
Article 15 – Disputes
Contracts concluded between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be detrimental to the consumer and must be made in writing or in such a way that they can be stored in an accessible manner on a durable data carrier.
For furniture with glass, the glass is not guaranteed.
Article 17 - Price errors
The Dutchwoodcraft Company is not responsible for unrealistic prices displayed incorrectly on the website. The normal price must be paid.
Article 18: Right of withdrawal and trial period
The consumer has a period of 30 days to change his mind in the event of an internet purchase. This is the right of withdrawal. This means that he has a period of 30 days to exercise his right of withdrawal without having to justify reasons, or to pay penalties, with the exception of return costs. In order to exercise it, you must return the item intact, in its original packaging, without traces of use and accompanied by all the accessories, if there were any.
Exception to the right of withdrawal is furniture made to measure, in accordance with the buyer's specifications (this is the case for all The Dutchwoodcraft Company furniture). Return costs are the responsibility of the buyer. Under no circumstances may the product be returned without the prior agreement of the seller. The costs and risks of return are the responsibility of the buyer.
The buyer is solely responsible for a clear description of where the products are to be delivered, such as limitations of height, width, corners, circle of gyration etc.