General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Article 1- Definitions
Article 2- Corporate Identity/Entrepreneur
Article 3- General Conditions
Article 4- Offer
Article 5- Agreement
Article 6- Right of Withdrawal
Article 7- Withdrawal Costs
Article 8- Exclusion Right of Withdrawal
Article 9- Pricing
Article 10- Conformity and Guarantees
Article 11- Delivery and Execution
Article 12- Payments
Article 13- Complaints
Article 14- Disputes
Article 15- Additional and Different Provisions
ARTICLE 1 – DEFINITIONS
In these general terms and conditions the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information, addressed personally to them in a way accessible to future reference for a period of time adequate for purpose the information was intended, and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
ARTICLE 2 - CORPORATE IDENTITY/ENTREPRENUER
Badkamerproducten.com (Smink Interieurbouw);
Heuvelstraat 9A, 5101 TB DONGEN; by appointment only
Phone number: +31 6 24604466 (Monday – Friday between 10:00 and 17:00
Chamber of commerce number: 20099561
VAT/BTW identification number: 119376027B.01
ARTICLE 3 – GENERAL CONDITIONS
These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general terms and conditions shall be made available to the consumer on our website under the link General Terms and Conditions. At the request of the consumer, the general terms and conditions shall be sent to the consumer as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general terms and conditions will be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is not reasonably possible before the distance agreement is concluded, it will be indicated where the consumer can find the general conditions/terms electronically and that the general terms and conditions will be sent, at the consumer’s request, electronically or otherwise to the consumer without extra cost.
For products and services that fall outside of these general terms and conditions, specific product and service conditions are applicable. The second and third article are mutatis and in case of conflicting terms and conditions the consumer can appeal on the relevant terms and conditions which are the most favourable for the consumer.
ARTICLE 4 - OFFER
An offer that has a limited validity or has other specifications shall be clearly stated for the consumer.
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the products and or services on offer. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
Each offer contains information that clearly indicates for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
- Price including taxes
- Possible costs of delivery
- The manner in which the agreement has been concluded and the necessary signatures
- 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 period within which the entrepreneur guarantees the price
- The level or the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
- If the agreement after the conclusion is archived and if so how to consult it for the consumer
- The manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
- Any other languages, including Dutch, for the agreement
- The codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
- The minimum duration of the distance agreement in the event of a length transaction.
ARTICLE 5 - AGREEMENT
The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all-important facts and factors that are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
- The address of the company for the consumer to file complaints
- The conditions and the instructions for the consumer to execute the right of withdrawal, including a clear indication related to the exclusion of the right of withdrawal.
- Information about after sales guarantees and services
- Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
- The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
In case of a length transaction the previous clause e. is only applicable for the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
Deliverance of products:
After purchasing products the consumer may dissolve the agreement without providing a reason for a duration of 14 days after the last product in an order is delivered to the consumer. This 14-day period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
During this 14-day period the consumer shall treat the product and the package carefully. He shall unpack or handle the product only to the extent necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Deliverance of Services:
After the deliverance of services the consumer has the possibility to dissolve the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
ARTICLE 7 – WITHDRAWAL COSTS
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
ARTICLE 8 – EXCLUSION RIGHT OF WITHDRAWAL
The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
- Which are created by the entrepreneur according to specifications of the consumer
- That they are clearly personal in nature
- Which cannot be returned because of their nature
- That can spoil or age quickly
- Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence
- Individual newspapers and magazines
- For audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for the following services:
The delivery of an order has begun with the express consent of the consumer before the consideration period has expired.
ARTICLE 9 -PRICING
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the competence to terminate the agreement from the day the price increase takes effect.
The in offer mentioned prices include VAT.
ARTICLE 10 – CONFORMITY AND GUARANTEES
The entrepreneur ensures that the products and services measure up to the agreement, ensures the specifications meet the aforementioned offer, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims that the consumer under the agreement can put forward against the entrepreneur.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur shall observe the utmost care in the reception and execution of orders for products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery address.
Taking into account what is stated in article 4 of the general terms and conditions, the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or cannot be supplies or only partially executed, the consumer shall be notified no later than 30 days after he placed the order. In this case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. Before delivery of a potential replacement product the consumer will be notified in a clear and concise manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: info@Badkamerproducten.com
ARTICLE 12 - PAYMENTS
Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs, which he shall make known to the consumer in advance.
ARTICLE 13 - COMPLAINTS
The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
ARTICLE 14 - DISPUTES
Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.
In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and the entrepreneur accept this binding ruling.
ARTICLE 15 – ADDITIONAL AND DIFFERENT PROVISIONS
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.