Article 1 - Definitions In these terms and conditions the following terms shall have the following meanings
1. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers; 2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur; 3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used; 4. Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same room at the same time; 5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; 7. Day: calendar day; 8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time;9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur Bulson, Koeriersterweg 25-46, 9727AC Groningen, [email protected], Chamber of Commerce: 63453665, VAT no. NL209779251B01, Iban: NL64ABNA0442176236, BIC/Swift code: ABNANL2A
Article 3 - Applicability 1. These general conditions apply to any offer from the entrepreneur and to any distance contract concluded between entrepreneur and consumer. 2. Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's and that they will be sent to the consumer free of charge as soon as possible at the consumer's request. 3. If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium, contrary to the previous paragraph and before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be read electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer's request. 4. In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general 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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the operator. 3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: - the price including taxes; - any costs of delivery; - the manner in which the agreement will be concluded and what actions are necessary for this; - whether or not the right of withdrawal applies; - the manner of payment, delivery or execution of the agreement; - the period for acceptance of the offer, or the period for honouring the price; - the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate; - if the contract is archived after its conclusion, how it can be consulted by the consumer; - the manner in which the consumer, before concluding the contract, can become aware of actions not wanted by him, as well as the way in which he can repair them before the contract is concluded; - any languages in which, in addition to Dutch, the contract can be concluded; - the codes of conduct to which the trader has submitted 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 contract that extends to continuous or periodic delivery of products or services.
Article 5. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the associated conditions. 2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed, the consumer can dissolve the contract. 3. If the contract is concluded electronically, the trader 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 - to inform the consumer 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, stating reasons, or to attach special conditions to the execution. 5. The trader will send the following information to the consumer 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 medium:a. the visiting address of the establishment of the entrepreneur where the consumer with complaints can go;b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding being excluded from the right of withdrawal;c. the information on existing after-sales services and guarantees;d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the contract;e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. 6. If the entrepreneur has undertaken to provide a range of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6. When purchasing products, the consumer has the option of dissolving the contract without giving any reasons during fourteen working days. This period starts on the day after receipt of the product by or on behalf of the consumer. 2. During this period, the consumer will handle the product and its 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 delivered accessories and - if reasonably possible - in its original condition and packaging to the Entrepreneur, in accordance with the Entrepreneur's reasonable and clear instructions.
Article 6a. When services are delivered, the consumer has the option of dissolving the contract without giving reasons within seven working days, commencing on the day of entering into the contract. 2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader when the offer is made and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal 1. If the consumer makes use of his right of withdrawal, he shall be responsible for no more than the costs of returning the goods. 2. 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 withdrawal.
Article 8 - Exclusion of the right of withdrawal 1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the agreement, has stated. 2. Exclusion of the right of withdrawal is only possible for products: a) that have been created by the entrepreneur in accordance with the consumer's specifications; b) that are clearly personal in nature; c) that cannot be returned due to their nature; d) that can deteriorate or age quickly; e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; f) for separate newspapers and magazines; g) for audio and video recordings and computer software of which the consumer has broken the seal. 3. Exclusion of the right of withdrawal is only possible for services: a) concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period; b) for which the delivery has started with the consumer's explicit consent before the cooling-off period has expired; c) concerning bets and lotteries.
Article 9 - The price 1. During the period of validity stated in the offer, the prices of the products and/or services 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 where the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices, will be mentioned in the offer. 3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. 4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: a) these are the result of statutory regulations or provisions; or b) the consumer has the power to terminate the contract on the day on which the price increase takes effect. 5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty 1. The trader guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing statutory provisions and / or government regulations. 2. A scheme offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer may assert against the trader in respect of a shortcoming in the fulfilment of the trader's obligations under the law and/or the distance contract.
Article 11 - Delivery and execution 1. The entrepreneur will take the greatest possible care in receiving and in the execution of orders of products and in assessing applications for the provision of services. 2. The place of delivery is the address that the consumer has made known to the company. 3. Subject to what is stated in Article 4 of these General Terms and Conditions, the company will expeditiously but no later than 30 days accepted orders unless a longer delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer will be informed no later than one month after he placed the order. In that case, the consumer has the right to terminate the contract without penalty and entitled to any compensation. 4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution. 5. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement article. No later than the delivery will be clear and comprehensible manner reported that a replacement article is delivered. For replacement items, the right of withdrawal can not be excluded. The costs of return shipment are borne by the entrepreneur. 6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Duration transactions 1. The consumer may terminate an open-ended contract at any time, subject to the agreed termination rules and a notice period of up to one month. 2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in the event of silence on the part of the consumer, the distance contract will be extended, the contract will be continued as a contract for an indefinite period and the maximum notice period after continuation of the contract is one month.
Article 13 - Payment 1. Insofar as no later agreement has been made, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or in the case of a contract to provide a service, within 14 days after issuance of the documents relating to this contract. 2. When selling products to consumers in general conditions may never be a prepayment of more than 50% be stipulated. When advance payment is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s) before the stipulated advance payment has taken place. 3. The consumer has the duty to inaccuracies in the payment details provided or stated to the entrepreneur immediately to report. 4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 - Complaints procedure 1. The trader has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 2. Complaints about the implementation of the contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects. 3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 - Additional or different provisionsAdditional or different provisions of these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.