ARTICLE 1 – Definitions
In these terms shall have the following meanings:
- Entrepreneur: the natural or legal person who products and/or services offered to consumers at a distance;
- Consumer: the natural person who is not acting in the exercise of a profession or a company and a distance contract with the entrepreneur; distance contract: an agreement whereby in the framework of an organized by the trader system for distance sales of products and/or services, to the conclusion of the agreement makes exclusive use of one or more means of distance communication; means of distance communication tool that can be used for the conclusion of an agreement without that consumer and entrepreneur at the same time and in the same space came together;
- Reflection Time: The period within which the consumer can make use of its right of withdrawal;
- Right of Withdrawal: the possibility for the consumer to obtain within the Cooling Time to abandon the distance contract;
- Day: calendar day;
- Duration Transaction: a distance contract with respect to a series of products and/or services, whose delivery and/or purchasing obligation is spread over time;
- Long-Term data storage: any means that allow the consumer or operator to information which is directed to him/her personally, store in a way that for future consultation and unaltered reproduction of that information.
ARTICLE 2 – Identity Of The Entrepreneur
C.P. Köhler Holding B.V.
2406GL Alphen aan den Rijn
KvK number: 75674572
VAT number: 860358872
If the activity of the entrepreneur is subject to a relevant licensing system: the data on the supervisory authority;
If the operator carries out a regulated profession:
- The professional association or organization to which he is affiliated;
- The professional title, the place in the EU or the European economic area in which it is granted;
- A reference to the applicable professional rules which are applicable in the Netherlands and indications of where and how this professional rules are accessible.
ARTICLE 3 – Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between the operator and the consumer.
- Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be sent free of charge.
- If the distance contract is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions electronically to the consumer be made available 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 distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
- In the event that in addition to 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 for the most favourable.
ARTICLE 4 – The Offer
- If an offer is a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the entrepreneur makes use of these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains such information that the consumer is clear what the rights and obligations, to the acceptance of the offer are attached.
This concerns in particular:
- the price including tax;
- the possible cost of delivery;
- the way in which the agreement will be able to agree on and what actions are required;
- whether or not to apply the right of withdrawal;
- the method of payment, delivery or performance of the contract;
- the deadline for acceptance of the offer or the time limit for the maintenance of the price;
- the height of the tariff for communication at a distance if the cost of using the means of communication at a distance may be calculated on a basis other than the basic rate;
- if the agreement after the establishment is archived, the manner in which these for the To consult consumers;
- the way in which the consumer for the conclusion of the agreement of him by not sought after operations on the height can get in, as well as the manner in which he can restore this before the contract is concluded,
- any languages in which, in addition to the Dutch, the agreement may be concluded;
- the codes of conduct to which the trader has taken on the subject and the way in which the consumer these codes of conduct electronically can consult
- the minimum duration of the distance contract in the case of an agreement which continuous or periodic delivery of products or services.
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 offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may repudiate the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
- The entrepreneur can – within the law – to inform consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
- The entrepreneur will take to the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, most hours: a. The address of the establishment of the economic operator to which the consumer may address any complaints; b. the conditions under which and the manner in which the consumer of the right of withdrawal may use or a clear message on the are excluded from the right of withdrawal; c. the information about existing service after purchase and warranties; d. The in article 4 paragraph 3 of these conditions recorded data, unless the entrepreneur this information already provided to the consumer has before the implementation of the agreement; e. Requirements for termination of the contract if the contract has a duration of more than one year or for an indefinite period of time.6. If the entrepreneur is committed to providing a range of products or services, the stipulation in the previous paragraph applies only to the first delivery.
ARTICLE 6 – Right Of Withdrawal
Upon delivery of products:
- When purchasing products, the consumer has the option to repudiate the contract without specifying any reasons for a period of 14 calendar days. This period commences on the day after receipt of the product by or on behalf of the consumer.
- During this period the consumer will handle the product and the packaging with care. He will be the product only to unpack or use as necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will be the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to information provided by the operator 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 returning the goods.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation, refund
ARTICLE 8 – Exclusion Of Right Of Withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur this clearly in the offer, at least in time for the conclusion of the agreement, stated.
- Exclusion of the right of withdrawal is only possible for products: a. by the entrepreneur are carried out in accordance with the specifications of the consumer; b. which are clearly of a personal nature; c. that by their nature cannot be returned; d. which are liable to deteriorate or expire rapidly; e. the price of which is dependent on fluctuations in the financial market in which the trader has no influence; f. For loose newspapers and magazines; g. for audio and video recordings and computer software which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services: a. on accommodation, transport, catering or leisure to carry on a certain date or during a specified period; b. the supply with the express consent of the consumer, before the period has expired; c. betting and lotteries.
ARTICLE 9 – The Price
- During the period of validity indicated in the offer, the prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
- By way of derogation from the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any prices are quoted prices shall be stated in 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 statutory regulations or stipulations; or b. the consumer has the power to terminate the contract on the day on which the price increase takes effect.
- The supply of products or services mentioned prices include VAT.
ARTICLE 10 – Conformity And Guarantee
- The operator guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or serviceability and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- A by the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a failure to fulfil the obligations of the employer may assert against the employer under the act and / or the distance.
ARTICLE 11 – Delivery And Implementation
- The entrepreneur will take the greatest possible care when receiving and in the execution of orders and products when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Subject to what is stated in Article 4 of these general terms and conditions, the company accepted orders expeditiously but not later than 30 days unless a longer delivery has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than one month after the order was placed. In this case, the consumer has the right to terminate the contract without penalty and be entitled to any compensation.
- In the case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, repay.
- If delivery of an ordered product proves impossible, the trader will endeavour to make available a replacement item. At the latest when the delivery will be clear and comprehensible manner that a replacement item is delivered.For replacement items right of withdrawal cannot be excluded. The cost of return shipment are borne by the entrepreneur.
- The risk of damage and / or loss of products is based to the time of delivery to the consumers in the business, unless otherwise expressly agreed.
ARTICLE 12 – Duration Transactions
- The consumer may contract for indefinite always denounce the applicable termination rules and a notice of up to one month.
- A contract for a definite period has a duration of up to two years. If it is agreed that the silence of the consumer distance contract will be renewed, the contract will be continued as a contract for an indefinite period of time and will continue after the notice of the agreement up to one month.
ARTICLE 13 – Payment
- To the extent not subsequently agreed by the consumer amounts to be paid within fourteen days after delivery of the goods or in case of a contract to provide a service, within 14 days after issuance of the documents relating to this Agreement.
- When selling products to consumers in general conditions may never be an advance payment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
- The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
- In case of default by the consumer, the operator subject to statutory limitations, the right to advance to the consumer reasonable costs to charge.
ARTICLE 14 – Settlement Of Complaints
- The operator shall have a sufficiently advertised complaints procedure and shall attend to the complaint in accordance with this complaints procedure.
- Complaints about the performance of the contract must promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has found the defects.
- Complaints submitted to the trader will be provided within a period of 2 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 2 days responded with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be solved in joint consultation creates a dispute that is subject to the settlement of disputes.
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