The offer of movables on the website is not sold by the owner of the website, but by the seller. When buying movables, an agreement is therefore made between buyer and seller. The website owner is therefore not a party to this sales agreement. The terms and conditions that apply between seller and buyer are included in this document for simplicity. Please note: these general terms and conditions apply between Buyer and Seller and can therefore not be invoked against the Website Owner.
If the seller is located in a country within the EU (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. The following rights and guarantees are included in this guideline:
- The Seller shall clearly and in writing provide the Buyer with information on fees, payment, delivery and fulfillment of the agreement.
- The buyer will receive the order within 30 days unless otherwise agreed with the seller. If the relevant movable is no longer available, the Seller shall inform the Buyer of this. Any (advance) payments must be repaid within thirty days unless the seller delivers the corresponding movables.
- The buyer has the right to withdraw, which means that the buyer can cancel the purchase for at least fourteen days without giving a reason. Any shipping costs are covered by the buyer. Any (advance) payments must be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
In these broker terms, the following definitions apply:
- Website: a platform made available through trendy life, which also includes all associated subdomains.
- Buyer: the person who makes a purchase on the website above.
- Seller: a company which either as a producer or as a trader sells a chattel to the Buyer.
ARTICLE 2 - BUYER'S RIGHTS
If the seller is located in a country within the EU (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This policy covers the following rights and guarantees:
- The seller must clearly and in writing inform the buyer about fees, payment, delivery and fulfillment of the contract.
- The buyer will receive the order within 30 days unless otherwise agreed with the seller. If the relevant movable is no longer available, the Seller shall inform the Buyer of this. Any (advance) payments must be repaid within thirty days unless the seller delivers a comparable movable property.
ARTICLE 3 - NATURE OF THE COMMITTEE
- The offer of movables on the Website is not sold by the Website's owner, but by the Seller. When buying movables, an agreement is therefore made between buyer and seller. The website owner is therefore not a party to this sales agreement.
- Some movables are purchased from third parties, whether they are established in the EU or not, through the website.
- The service provided by the site owner is a brokerage service provided to a third party. When ordering movables via the Website, the Website Owner has the right to act as an intermediary in the Buyer's name and at the Buyer's expense and order the movables from the actual Seller of the relevant movables.
- If the actual seller is established outside the Netherlands and as a result the relevant movables must be imported, this will be done in the buyer's name. Additional costs, such as import VAT and (customs) clearance costs are borne by the Buyer.
ARTICLE 4 - PAYMENT
- Payment for the purchased product is settled via the Website Owner. The website owner is also responsible for (on) payment to the actual seller.
- It is possible that the prices stated on the Website deviate from the amounts the Website Owner pays or forwards to the actual Seller. The Seller may be given the opportunity to purchase the product at a lower price after it has been purchased by the Buyer. In these cases, the difference between the amount paid by the buyer and the amount actually paid to the seller is calculated as compensation for the brokerage service provided by the website owner to third parties.
ARTICLE 5 - TERMINATION OF COMPLAINTS
- If the Buyer is not satisfied with the way (broker) the agreement has been implemented, this can be made known to the Website Owner via the contact information provided on the Website. Any notices from the Buyer will be handled by the Website Owner with the utmost care and as soon as possible. The website owner will provide the buyer with a substantial response within fourteen days of receiving the notice.
- In the event of dissatisfaction with the procedure referred to in paragraph 1 of this Article, the purchaser may apply to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - The identity of the contractor
Article 3 - Application
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Law
Article 7 - Costs of the right of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration of transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Appeal procedure
Article 15 - Disputes
Article 16 - Additional or other provisions
ARTICLE 1 - DEFINITIONS
In these general terms and conditions:
Supplementary agreement: an agreement in which the consumer acquires products, digital content and / or services in connection with a remote agreement, and these goods, digital content and / or services are provided by entrepreneurs or by third parties on the basis of an agreement between third parties and the entrepreneur;
Reflection period: the period during which the consumer can exercise the right of withdrawal.
Consumer: the natural person who does not engage in the exercise of a profession, activity or craft and who enters into an agreement with a trader.
Day: calendar day.
Digital content: data produced and delivered in digital form.
Duration transaction: an agreement on a series of products and / or services whose delivery and / or purchase obligation is spread over time.
Sustainable data carrier : any (tool) means that enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information, including e-mail.
Right of withdrawal: the possibility for the consumer to terminate the remote agreement within the withdrawal period.
Model form: right of withdrawal form that is made available to the consumer by the contractor and that the consumer can fill in when he wants to use his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services to consumers at a distance.
Distance: an agreement where, within the framework of a system for distance selling of products and / or services arranged by the contractor, up to and including the conclusion of the agreement, only one or more techniques for remote communication with the consumer are used.
Remote communication technology: this means that it can be used to enter into a remote contract, without consumers and entrepreneurs meeting in the same room at the same time.
General terms and conditions: applicable general terms and conditions for the entrepreneur.
ARTICLE 2 - THE IDENTITY OF THE CONTRACTOR
name (legal name, possibly supplemented by trade name);
Visiting address, if different from the business address;
Telephone number and time (s) when the entrepreneur can be reached by telephone;
Chamber of Commerce number;
VAT registration number.
ARTICLE 3 - APPLICATION
- These general conditions apply to any offer from the entrepreneur and to any remote contract and order entered into between the entrepreneur and the consumer.
- Before the remote contract is entered into, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be stated before entering into the distance contract that the general terms and conditions can be seen with the entrepreneur, how they can be seen and that these general terms and conditions will be sent as soon as possible. . at the request of the consumer. can be sent for free.
- If the remote contract is entered into electronically, notwithstanding the preceding paragraph, before the remote contract is entered into, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be stated before the remote agreement is entered into where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or in another way.
- In the case of special product or service terms in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and the consumer may always invoke the most favorable provision that applies to him in the event of conflicting general terms and conditions. is and condition. is.
- If one or more provisions of these Terms and Conditions are at any time declared invalid or destroyed in whole or in part, these General Terms will remain in effect for the remainder, and the relevant invalid or invalid provision will cease to apply. immediately replaced in consultation. a provision that is as close to the original intention as possible.
- Situations that are not regulated in these terms and conditions shall be assessed in accordance with these terms and conditions.
- Uncertainty about the interpretation or content of one or more provisions in our terms and conditions must be explained in accordance with these terms.
ARTICLE 4 - THE OFFER
- If an offer has a limited validity period or is subject to conditions with suspensive or resolute effect, or other conditions, this will be explicitly stated in the offer.
- The contractor's offer is non-binding. The contractor has the right to change and adjust the offer.
- The contractor's offer contains a complete and accurate description of the products and / or services that are always offered. The offer contains a sufficiently detailed description for the consumer to be able to make a correct assessment of the offer. If the entrepreneur uses images that give the impression that these images represent the product offered, these are a true representation of the products and / or services offered. Obvious errors or errors in the offer are not binding on the entrepreneur.
- Images included with the products are a true representation of the products offered. However, the contractor can not guarantee that the colors shown correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer.
This is especially true:
- priced including taxes;
- any shipping costs;
- the manner in which the agreement is entered into and what measures are required for this;
- if the tariff for long-distance communication is calculated if the costs of using the technology for long-distance communication are calculated on a different basis than the ordinary basic tariff for the means of communication used;
- whether the contract will be filed after it has been entered into, and if so, how it can be consulted by the consumer;
- the minimum period of the distance contract for a long-term transaction.
- use the right of withdrawal;
- the method of payment, delivery and implementation of the agreement;
ARTICLE 5 - THE AGREEMENT
- Subject to the provisions of paragraph 4, the contract shall be entered into the moment the consumer accepts the offer and fulfills the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this approval is not confirmed by the entrepreneur, the consumer can terminate the contract.
- If the agreement is entered into electronically, the business owner will implement appropriate technical and organizational measures to ensure electronic transmission of data and ensure a secure network environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The contractor can, within the legal framework, find out whether the consumer can fulfill his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the contractor has good reasons for not entering into the agreement, he has the right to reject an order or request with well-founded reasons or to set special conditions for its implementation.
- At the latest upon delivery of the product or service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a sustainable data carrier:
- the address of the business of the entrepreneur where the consumer can submit a complaint;
- the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear declaration of exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the price, including taxes, for the product, service or digital content;
- delivery costs, if applicable;
- the method of payment, delivery or performance of the distance contract;
- The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- in case the consumer has the right to withdraw, model the withdrawal form.
- In the case of a long-term transaction, the provisions of the previous section only apply to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
- When purchasing products, the consumer has the opportunity to terminate the agreement without justification for 14 days.
- This reflection period shall begin the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
- the consumer has ordered several products in the same order, the reflection period begins on the day when the consumer, or a third party designated by him, received the last product. The contractor may, provided that he has clearly informed the consumer about this before the ordering process, refuse to order several products with different delivery times.
- delivery of a product consists of different shipments or parts, the reflection period begins on the day the consumer, or a third party designated by him, has received the last shipment or the last part;
- the agreement extends to the normal delivery of products for a certain period, the reflection period begins on the day the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content that are not delivered on a significant medium:
- If a service agreement or an agreement on the delivery of digital content is not delivered on a significant medium, the consumer can resolve the agreement within fourteen days without giving a reason. These fourteen days begin the day after the conclusion of the agreement.
Extended withdrawal period for products, services and digital content that is not delivered on a material medium due to lack of information about the right of withdrawal:
- If the business owner has not provided the consumer with statutory information about the right of withdrawal or the template for the withdrawal form, the withdrawal period expires. after twelve months. after the first period of appeal set in accordance with the preceding paragraphs of this Article.
- If the entrepreneur has provided the consumer with the information mentioned in the previous section within twelve months after the beginning of the first withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received this information. .
- During the withdrawal period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises the right of withdrawal, he will return the product with all accompanying accessories and - if reasonably possible - in original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions from the entrepreneur.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to make it to the entrepreneur within 14 days of receiving the product. The consumer must notify this using the model form. After the consumer has expressed that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered product has been returned on time, for example through proof of delivery.
ARTICLE 7 - COSTS OF EXERCISE OF RIGHT OF WITHDRAWAL
- When the consumer exercises the right of withdrawal, the maximum return costs are on his behalf.
- The contractor will refund the purchase price as soon as possible, but no later than 14 days after cancellation, in the same way as the consumer used. This requires return shipping from the online retailer or proof of full return.
- Any loss of value on the product due to careless handling is at the expense of the consumer. This cannot be invoked if the trader has not provided all the statutory information about the right of withdrawal. This must be done before the purchase agreement is entered into.
ARTICLE 8 - EXEMPTION FROM THE RIGHT OF WITHDRAWAL
- Exclusion of the right of withdrawal is only possible if the trader has stated this clearly in the offer, at least in good time before entering into the agreement, and this applies to one of the products mentioned in the Agreement. paragraphs 2 and 3.
- Exclusion is only possible for the following products:
- created by the entrepreneur; specifications for consumer contracts;
- which are clearly personal in nature;
- which can destroy or age rapidly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software for which the consumer has broken the seal;
- for hygiene products where the consumer has broken the seal.
Exclusion is only possible for the following services:
- related to accommodation, transport, restaurant activities or leisure activities to be carried out on a specific date or for a certain period;
- if delivery has begun with the express consent of the consumer before the expiry of the withdrawal period;
- about betting and lotteries
ARTICLE 9 - PRICE
- During the period of validity specified in the offer, the prices of the products and / or services offered will not increase, with the exception of price changes due to changes in VAT rates.
- In contrast to the previous paragraph, the trader may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence. This depends on fluctuations and that any stated prices are target prices stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are a consequence of legal provisions or provisions.
- Price increases from 3 months after the conclusion of the agreement is only permitted if the trader has prescribed this and:
- they are the result of laws or regulations; if the consumer has the authority to terminate the agreement with effect from the time the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
ARTICLE 10 - WARRANTY AND CONFORMITY
- The contractor guarantees that the products and / or services are in accordance with the agreement, the specifications stated in the offer, reasonable requirements for reliability and / or user-friendliness and the legal provisions in the agreement and / or public regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee given by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract. This also includes any obligation for the contractor, his supplier, importer or manufacturer where he gives the consumer certain rights or requirements that go beyond what is required by law in the event that he has failed to comply with his part of the agreement.
- Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. The products must be returned in original packaging and in new condition.
The guarantee does not apply if:
- the consumer has repaired and / or modified the delivered products himself or had them repaired and / or processed by a third party;
- the delivered products have been subjected to abnormal conditions or have otherwise been handled carelessly or in violation of the operator's instructions and / or treated on the packaging;
- The defect is wholly or partly a consequence of regulations that the authorities have or will issue with regard to the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND PERFORMANCE
- The contractor will be extremely careful when receiving and executing orders for products and when assessing applications for the provision of services.
- Place of delivery is the address that the consumer has notified the company.
- Subject to the provisions of paragraph 4 of this Article, the Company will execute accepted orders immediately, but not later than within 30 days, unless the consumer has accepted a longer delivery time. If delivery is delayed, or if an order can not or only partially be executed, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer can not derive any rights from any specified conditions. Exceeding the terms does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the business owner will refund the amount paid by the consumer as soon as possible, but not later than 14 days after the dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will do everything to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement goods, the right of withdrawal cannot be excluded. The costs of any return shipping are borne by the entrepreneur.
- The risk of damage and / or loss of products lies with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative and who has been made known to the entrepreneur unless otherwise expressly agreed.
ARTICLE 12 - DURATION OF THE TRANSACTION: DURATION, CANCELLATION AND EXTENSION
- The consumer may terminate an agreement entered into indefinitely and which extends to the regular delivery of products (including electricity) or services, subject to agreed cancellation rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a specified period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the period, in accordance with agreed cancellation rules and a notice period of at least one month.
- The consumer may terminate the agreements mentioned in the preceding paragraphs:
- at any time and is not limited to termination at any particular time or for any particular period;
- at least interrupt in the same way as they entered into by him;
- always terminate with the same notice period as the contractor himself has decided.
- A contract that has been entered into for a specific period and that includes regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a specific period.
- In contrast to the previous paragraph, a contract that has been entered into for a certain period and which includes regular delivery of daily news and weekly newspapers and magazines may be quietly extended by a certain period of no more than three months, if the consumer objects. this comprehensive agreement. may terminate the expiry of the extension with a notice period of not more than one month.
- An agreement entered into for a specific period and which extends to the regular delivery of products or services can only be tacitly extended indefinitely if the consumer can at any time terminate with a notice period of no more than one month and a notice period of no more than three months. if the agreement extends to normal, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for regular delivery of newspapers, news and magazines and journals (trial or introductory subscription) does not continue implicitly and terminates automatically after the trial or introductory period.
- If an agreement has a term of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and reasonableness prevent termination before the expiry of the agreed term. .
ARTICLE 13 - PAYMENT
- Unless otherwise agreed, the amounts to the consumer shall be paid within 7 working days after the start of the reflection period referred to in Article 6 (1). In the case of an agreement to provide a service, this period shall begin after the consumer has received confirmation of the agreement.
- The consumer is obliged to immediately report inaccuracies in the payment information provided or provided to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that the consumer has been notified in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
- The contractor has a sufficiently published complaint procedure and processes the complaint in accordance with this complaint procedure.
- Complaints about fulfillment of the contract must be sent to the entrepreneur, fully and clearly described, within a reasonable time, after the consumer has discovered the defects.
- Complaints sent to the business owner will be answered within 14 days from the date of receipt. If a complaint requires a clearly longer processing time, the entrepreneur responds within 14 days with a receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual consultation, a dispute arises which is the subject of the dispute resolution procedure.
ARTICLE 15 - DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
ARTICLE 16 - ADDITIONAL OR OTHER PROVISIONS
Additional or deviating provisions of these general terms and conditions must 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 in a sustainable manner. data carriers.
MODEL HERE STATEMENT FORMS Fill in
and return this form only if you wish to terminate the agreement
- If / we (*) hereby / * hereby share (*) with you that I / we (*) revoke (*) our agreement on the sale of the following goods / delivery of the following service (*):
- Ordered it (DD-MM-YYYY): - Order number:
- Received (DD-MM- YYYY):
- The name of the consumer / customers
Consumer address (es):
Consumer (s) signature (only if this form is sent on paper)
(*) Delete what is not relevant.