Terms and Conditions
Terms and Conditions
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 - Conformity 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 deviating provisions
Article 1 - Definitions
In these conditions the following terms have the following
meanings:
1. Reflection period: the period within which the consumer
can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the
exercise of a profession or business and who enters into a distance contract
with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to
a series of products and / or services, the delivery and / or purchase
obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or
entrepreneur to store information that is addressed to him personally in a way
that enables future consultation and unaltered reproduction of the stored
information.
6. Right of withdrawal: the option for the consumer to
cancel the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the
entrepreneur makes available that a consumer can fill in if he wants to make
use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers
products and / or services to consumers from a distance;
9. Distance contract: an agreement whereby, in the context
of a system organized by the entrepreneur for the distance sale of products and
/ or services, up to and including the conclusion of the agreement, only one or
more techniques for communication are used. distance;
10. Technology for distance communication: means that can be
used to conclude an agreement, without the consumer and entrepreneur being
together in the same room at the same time.
11. General Terms and Conditions: the present General Terms
and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
PAVILYO V.O.F
Jan Evertsenstraat 55
1057 BN Amsterdam
VAT number: NL857136586B01
Whatsapp: 020 - 304 80 17
Tel: 020 – 3048017
Article 3 - Applicability
1. These general terms and conditions apply to every offer
from the entrepreneur and to every distance contract and orders between
entrepreneur and consumer.
2. 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, before the distance contract is concluded, it
will be indicated that the general terms and conditions can be viewed at the
entrepreneur and that they will be sent free of charge as soon as possible at
the request of the consumer.
3. If the distance contract is concluded electronically,
contrary to the previous paragraph and before the distance contract is
concluded, the text of these general terms and conditions can be made available
to the consumer electronically in such a way that they are consumer can be
easily stored on a durable data carrier. If this is not reasonably possible,
before the distance contract is concluded, it will be indicated where the general
terms and conditions can be inspected electronically and that they will be sent
free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions
apply in addition to these general terms and conditions, the second and third
paragraphs apply mutatis mutandis and in the event of conflicting general terms
and conditions, the consumer can always invoke the applicable provision that
applies to him. most beneficial.
5. If one or more provisions in these general terms and
conditions are at any time wholly or partially null and void or destroyed, the
agreement and these terms and conditions will remain in force and the relevant
provision will be immediately replaced by a provision in mutual consultation.
as close as possible to the purport of the original.
6. Situations that are not regulated in these general terms
and conditions must be assessed "in the spirit" of these general
terms and conditions.
7. Uncertainties about the explanation or content of one or
more provisions of our terms and conditions should be explained "in the
spirit" of these general terms and 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 adapt the offer.
3. 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 representation of the products and /
or services offered. Obvious mistakes or errors in the offer are not binding
for the entrepreneur.
4. All images, specifications and information in the offer
are indicative and cannot give rise to compensation or termination of the
agreement.
5. Images accompanying products are a true representation of
the products offered. The entrepreneur cannot guarantee that the displayed
colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to
the consumer what rights and obligations are attached to accepting the offer.
This concerns in particular:
o the price including taxes;
o the possible costs of shipping;
o the way in which the agreement will be concluded and which
actions are required for this;
whether or not the right of withdrawal applies;
o the method of payment, delivery and implementation of the
agreement;
o the term for accepting the offer, or the term within which
the entrepreneur guarantees the price;
o the level of the rate for distance communication if the
costs of using the technique for distance communication are calculated on a
basis other than the regular basic rate for the means of communication used;
o whether the agreement will be filed after the conclusion,
and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the
agreement, can check the information provided by him under the agreement and,
if necessary, restore it;
o any other languages in which, in addition to Dutch, the
agreement can be concluded; o the behavioral codes to which the entrepreneur is
subject and the way in which the consumer can consult these behavioral codes
electronically; and
o the minimum duration of the distance contract in the event
of a length transaction.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement
is concluded 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 trader will immediately confirm receipt of the acceptance of the offer
electronically. As long as the receipt of this acceptance has not been
confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur
will take appropriate technical and organizational measures to secure the
electronic transfer of data and ensure a secure web environment. If the
consumer can pay electronically, the entrepreneur will take appropriate
security measures.
4. The entrepreneur can - within legal frameworks - inquire
whether the consumer can meet his payment obligations, as well as all those
facts and factors that are important for a responsible conclusion of the
distance contract. If, on the basis of this investigation, the entrepreneur has
good reasons not to enter into the agreement, he is entitled to refuse an order
or request or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with
the product or service to the consumer, in writing or in such a way that it can
be stored by the consumer in an accessible manner on a durable medium:
a.the visiting address of the business location of the
entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the
consumer can make use of the right of withdrawal, or a clear statement
regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing service after
purchase;
d. the information included in article 4 paragraph 3 of
these terms and conditions, unless the entrepreneur has already provided this
information 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.
6. In the event of an extended transaction, the provision in
the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive
conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to
dissolve the contract without giving any reason within 14 days. This reflection
period starts on the day after receipt of the product by the consumer or a
representative designated in advance by the consumer and made known to the
entrepreneur.
2. During the reflection period, the consumer will handle
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
exercises his right of withdrawal, he will return the product with all
accessories and - if reasonably possible - in the original condition and
packaging to the entrepreneur, in accordance with the reasonable and clear
instructions provided by the entrepreneur.
3. If 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 it known that he wishes to make use of
his right of withdrawal, the customer must return the product within 14 days.
The consumer must prove that the delivered goods have been returned on time,
for example by means of proof of shipment.
4. If, after the expiry of the periods referred to in
paragraphs 2 and 3, the customer has not indicated that he wishes to make use
of his right of withdrawal resp. the product has not been returned to the
entrepreneur, the purchase is a fact.
When providing services:
5. When providing services, the consumer has the option to
dissolve the agreement without giving any reason for at least 14 days, starting
on the day of entering into the agreement.
6. In order to make use of his right of withdrawal, the
consumer will focus on the reasonable and clear instructions provided by the
entrepreneur with the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the
costs of return shall not exceed the cost of the return.
2. If the consumer has paid an amount, the entrepreneur will
refund this amount as soon as possible, but no later than 14 days after the withdrawal.
However, the condition is that the product has already been received back by
the web retailer or conclusive proof of complete return can be submitted.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of
withdrawal for products as described in paragraphs 2 and 3. The exclusion of
the right of withdrawal only applies if the entrepreneur has clearly stated
this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for
products:
a.that have been created by the entrepreneur in accordance
with the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price depends on 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 broken the seal.
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 performed on a specific date or during a specific
period;
b. the delivery of which commenced with the express consent
of the consumer before the reflection period has expired;
c. concerning betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the
prices of the products and / or services being offered will not be increased,
except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can
offer products or services whose prices are subject to fluctuations in the
financial market and over which the entrepreneur has no influence, at variable
prices. This link to fluctuations and the fact that any stated prices are
target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of
the agreement are only permitted if they are the result of statutory
regulations or provisions.
4. Price increases from 3 months after the conclusion of the
agreement are only permitted if the entrepreneur has stipulated this and:
a.these are the result of statutory regulations or
provisions; or
b. the consumer has the authority to cancel the agreement on
the day on 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 typesetting
errors. No liability is accepted for the consequences of printing and typing
errors. In case of printing and typing errors, the entrepreneur is not obliged
to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and / or
services comply with the agreement, the specifications stated in the offer, and
the reasonable requirements of soundness and / or usability and the legal
provisions and / or government regulations existing on the date of the
conclusion of the agreement. If agreed, the entrepreneur also guarantees 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 rights and claims that the consumer can
assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be
reported to the entrepreneur in writing within 4 weeks after delivery. Return
of the products must be in the original packaging and in new condition.
4. The entrepreneur's warranty period 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.
5. The warranty does not apply if:
o The consumer has repaired and / or processed the delivered
products himself or has had them repaired and / or processed by third parties;
o The delivered products have been exposed to abnormal
circumstances or are otherwise handled carelessly or are contrary to the
instructions of the entrepreneur and / or have been treated on the packaging;
o The inadequacy is wholly or partly the result of
regulations that the government has made or will make 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 implementing orders for products and when assessing
applications for the provision of services.
2. The place of delivery is the address that the consumer
makes known to the company.
3. With due observance of what is stated in paragraph 4 of
this article, the company will execute accepted orders expeditiously, but no
later than 30 days, unless the 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 agreement
without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot
derive any rights from any stated terms. 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 refund the amount that the consumer has
paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the
entrepreneur will endeavor to provide a replacement article. At the latest upon
delivery, it will be stated in a clear and comprehensible manner that a
replacement item is being delivered. For replacement items right of withdrawal
can not be excluded. The costs of a possible return shipment are for the
account of the entrepreneur.
7. The risk of damage and / or loss of products rests with
the entrepreneur until the moment of delivery to the consumer or a
pre-designated and the entrepreneur announced representative, unless explicitly
agreed otherwise.
Article 12 - Duration transactions: duration, cancellation
and extension
Termination
1. The consumer can terminate an agreement that has been
concluded for an indefinite period and which extends to the regular delivery of
products (including electricity) or services, at any time with due observance
of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been
entered into for a definite period and that extends to the regular delivery of
products (including electricity) or services, at any time by the end of the
specified term, with due observance of the agreed cancellation rules and a
notice period. of one month at most.
3. The consumer can cancel the agreements mentioned in the
previous paragraphs:
cancel at any time and not be limited to cancellation at a
specific time or in a specific period;
at least cancel in the same way as they are entered into by
him;
o always cancel with the same notice period as the
entrepreneur has stipulated for himself.
Renewal
4. An agreement that has been entered into for a definite
period and that extends to the regular delivery of products (including
electricity) or services may not be tacitly renewed or renewed for a specified
period.
5. Contrary to the previous paragraph, a contract that has
been entered into for a definite period and that extends to the regular
delivery of daily news and weekly newspapers and magazines may be tacitly
renewed for a fixed period of a maximum of three months, if the consumer has
extended this. can cancel the agreement towards the end of the extension with a
notice period of no more than one month.
6. An agreement that has been entered into for a definite
period and that extends to the 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 a notice period of
no more than three months in the event that 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 for the regular
delivery of daily, news and weekly newspapers and magazines (trial or
introductory subscription) will not be tacitly continued and will end
automatically after the trial or introductory period.
Expensive
8. If an agreement has a duration of more than one year, the
consumer may cancel the agreement at any time after one year with a notice
period of no more than one month, unless reasonableness and fairness oppose
termination before the end of the agreed term. to oppose.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer
must be paid within 7 working days after the start of the reflection 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 confirmation of the
agreement.
2. The consumer has the duty to report inaccuracies in
provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the
entrepreneur has the right, subject to legal restrictions, to charge the
reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a well-publicized complaints
procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must
be fully and clearly described and submitted to the entrepreneur within 7 days,
after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered
within a period of 14 days from the date of receipt. If a complaint requires a
foreseeable longer processing time, the entrepreneur will reply within 14 days
with a notice of receipt and an indication when the consumer can expect a more
detailed answer.
4. If the complaint cannot be resolved by mutual agreement,
a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first turn to the
entrepreneur. In case of complaints that cannot be resolved by mutual
agreement, the consumer should turn to Stichting WebwinkelKeur
(www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not
yet reached, the consumer has the option to have his complaint handled by the
independent disputes committee appointed by Stichting WebwinkelKeur, the
decision of which is binding and both entrepreneur and consumer agree with this
binding decision. There are costs associated with submitting a dispute to this
disputes committee, which must be paid by the consumer to the relevant
committee. It is also possible to register complaints via the European ODR
platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the
entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the
entrepreneur, the entrepreneur will replace or repair the products delivered
free of charge at his discretion.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to
which these general terms and conditions apply are exclusively governed by
Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating from these
general terms and conditions may not be to the detriment of the consumer and
must be recorded in writing or in such a way that they can be stored by the
consumer in an accessible manner on a durable data carrier.
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