Terms and Conditions
Index:
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 case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Compliance and Warranty
Article 11 - Delivery and execution
Article 12 - Extended duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 1 - Definitions
In these conditions apply:
- Grace period: The period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
- Day: calendar day;
- Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium: any means that the consumer or business that enables information to him personally, store in a way that future con sultation and unaltered reproduction of the stored information.
- Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
- Standard form: the model withdrawal form that allows the operator available that can fill a consumer if he wants to exercise his right of withdrawal.
- Entrepreneur: the natural or legal products and / or remote services to the consumer;
- Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area.
- Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Installatiebeheer Oldambt
M J van Olmstraat 31 9672AE Winschoten
Netherlands
+31 (0) 6-43111692
Email: cvonderdelenhartog@gmail.com
Commercial Register:78268214
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts between businesses and consumers.
- Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions appearing in the entrepreneur and will be sent free of charge as soon as possible, at the request of the consumer.
- If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
- In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
- If one or more provisions of these terms and conditions are wholly or partially invalid at any time or be destroyed, then continue the agreement and these conditions will remain in position and the provision will mutually immediately be replaced by a requirement that the scope of the initial approximating as closely as possible.
- Situations that are not covered by these terms and conditions, to be assessed 'in the spirit' of these general conditions.
- Uncertainties regarding the interpretation or content of one or more provisions of our terms must be interpreted "in the spirit of these terms and conditions.
Article 4 - The offer
- If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding.The entrepreneur is entitled to change the offer and adapt.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
- All drawings, specifications information in the offer are indicative and may not lead to damages or rescission of the contract.
- Pictures of products are a true representation of the products offered. Entrepreneur can not guarantee that the colors displayed exactly match the actual colors of the products.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- how the agreement will be achieved and what actions they require;
- whether to apply the right of withdrawal;
- the method of payment, delivery and performance of the contract;
- The deadline for accepting the offer, or the deadline for adhering to the price;
- the size of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
- if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
- the way the consumer, for the conclusion of the contract, to check information provided by him under the contract, and repair if necessary;
- any other languages, including Dutch, the contract can be concluded;
- The conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract in the event of an extended transaction.
Optional: available sizes, colors, types of materials.
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
- The entrepreneur can - within the law - inform the consumer's ability to meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- The entrepreneur will the consumer in the product or service 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 medium, send:
A. The address of the establishment of the business where consumers can lodge complaints;
b. the conditions under which and the manner in which the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and after sales service;
d. the details of these conditions include in Article 4 paragraph 3, unless the operator this information already provided 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 indefinite.
- In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
- Each agreement is entered into under the condition precedent of sufficient availability of the products.
Article 6 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 5 days. This period commences on the date of receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
- During this period the consumer will treat the product and packaging. He will only unpack the product to the extent as necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- When the consumer wishes to exercise his right of withdrawal, he is required within 5 days of receipt of the product, to make known to the operator. The express is to make the consumer using the model form. Once the consumer has expressed the wish to make use of his right of withdrawal, the customer must return the product within 5 days return. The consumer must prove that the goods are returned on time, for example through a proof of posting.
- If the customer after the not known periods specified in paragraph 2 and 3 to make use of his right of withdrawal, respectively. Product has not returned to the entrepreneur, the purchase is a fact.
When providing services:
- In service delivery, the consumer has the option to terminate the agreement without giving any reason for at least five days, starting on the date of entering into the agreement.
- To use his right of withdrawal, the consumer focus to the operator to supply and / or appearance on delivery to area provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
- If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after cancellation, refund. This is the condition that the product has already received back can be provided by the merchant or conclusive evidence of complete return.
Article 8 - Exclusion of right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
- Exclusion of the right of withdrawal is only possible for products:
a which have been created by the trader in accordance with specifications of the consumer.;
b.that have been specially ordered for the consumer;
c. for electronic prints and burner controls of which the consumer has broken the seal.
d. used articles
e. Parts that have been mounted and are therefore no longer new and therefore cannot be sold like this
Article 9 - The price
- During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
A. They are the result of legislation or regulations; whether
b. the consumer is authorized to terminate the contract with effect from the date the increase takes effect.
- The prices include VAT mentioned in the supply of products or services.
- All prices are subject to pressure - errors. For the consequences of pressure - and misprints no liability is accepted. With pressure - errors the trader is not obliged to deliver the product according to the erroneous price.
Article 10 - Compliance and Warranty
- The operator guarantees that the products and / or services meet the contract specifications stated 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 ensure 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 under the agreement against the entrepreneur can assert.
- Any defects or incorrectly delivered goods must be reported in writing within 3 days of delivery to the trader. Return of the goods must be in original packaging and in same condition. (Products marked)
- The warranty of the entrepreneur meets the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- The consumer has repaired the products delivered and / or processed or repaired and / or modified by third parties;
- The delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the operator and / or packaging are processed;