Disclaimer
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The tender
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Price
Article 10 - Compliance and guarantee
Article 11 - Delivery and performance
Article 12 - Fixed-term transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Supplementary or derogating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can exercise his right of withdrawal.
Right of withdrawal;
Consumer: a natural person who is not acting in the course of his profession.
Exercises a profession or business and concludes a distance contract
concludes a distance contract with the trader;
'day' means a calendar day
duration of the transaction: a distance contract concerning
a number of products and/or services whose delivery and/or obligation to
purchase obligation is spread over time;
'durable medium' means any means enabling the consumer or the trader to
trader to receive information addressed personally to him in such a way that
addressed to him in such a way that future consultation and
unchanged reproduction of the stored information is possible
.
Right of withdrawal: the possibility for the consumer to withdraw within the
the cooling-off period to renounce the distance contract;
'trader' means the natural or legal person who offers products and/or
services to consumers at a distance;
'distance contract' means a contract concluded under
of a system organized by the trader for the purpose of distance selling
the distance sale of goods and/or services up to and including the conclusion of the contract
the contract, the exclusive use of one or
techniques for distance communication;
'means of distance communication' means means which are
used for the conclusion of a contract without the consumer and the
consumer and the trader are simultaneously present in the same room
meet.
General terms and conditions: these general terms and conditions
of the trader.
Article 2 - Identity of the Entrepreneur
Samsetka
Chamber of Commerce number: on request
VAT registration number: on request
Article 3 - Scope of application
These general terms and conditions apply to all offers made by
the trader and any agreement concluded at a distance
distance sales and orders between traders and consumers.
Before the distance selling agreement is concluded, the text of
of these general terms and conditions shall be made available to the consumer.
be made available to the consumer. If this is not possible, the text of these general terms and conditions shall be made available to the consumer before the conclusion of the distance contract.
is concluded, it shall be stated that
that the general terms and conditions can be consulted at the trader's premises and that they will be made available on the trader's website.
shall be sent free of charge as soon as possible at the request of the consumer.
sent.
If the distance contract is concluded by electronic means, it shall be possible to
notwithstanding the paragraph above and before the distance contract is concluded
the distance contract, the text of these general terms and conditions shall be made available to the consumer electronically.
be made available to the consumer electronically in such a way that
made available in such a way that it can be stored by the consumer in a memory
can be easily stored on a durable medium.
data carrier. If this is not possible before the
conclusion of the distance contract, this must be indicated
where the general terms and conditions can be consulted electronically and
and that they will be sent electronically or otherwise free of charge at the consumer's
be sent electronically or otherwise free of charge.
sent.
In the event that, in addition to these general terms and conditions
special product or service conditions apply in addition to these general terms and conditions, the second and third
paragraphs 2 and 3 shall apply mutatis mutandis, and the
In the event of conflicting general terms and conditions, the consumer can always
always rely on the applicable provision which is most favorable to him.
most favorable.
If one or more of the provisions of these general terms and conditions
terms and conditions are at any time invalid or unenforceable in whole or in part, they
the Agreement and these General Terms and Conditions shall otherwise remain in force
continue in force and the provision in question will, by mutual agreement, be
immediately replaced by a provision that reflects as closely as possible the intent of the original provision.
as close as possible to the original provision.
Situations not covered by these General Terms and Conditions
shall be assessed "in accordance with" these general terms and
terms and conditions.
Together with the product or service, the trader shall provide the consumer with
information in writing or in a way that enables it to be
stored by the consumer in an accessible form
on a durable medium, includes
the visiting address of the trader's business premises where the
consumers can address complaints to;
b. the terms and conditions and the way in which the consumer can exercise
the right of withdrawal or a clear indication of the exclusion of the right of withdrawal.
reference to the exclusion of the right of withdrawal;
information on guarantees and existing after-sales services;
the information referred to in Article 4(3) of these conditions,
unless the trader has previously provided the consumer with that information
provided prior to the signature of the contract;
the conditions for terminating the contract if the
the contract has a duration of more than one year or is of
for an indefinite period.
In the case of a continuing contract, the provision of the previous paragraph shall only
shall apply to the first delivery.
Any contract shall be subject to the condition precedent
conditions of sufficient availability of the relevant
products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility to
to cancel the contract without giving any reason
for a period of 14 days. This withdrawal period begins on the day after
the consumer or a previously designated person has received the product
consumer and notified the trader
representative.
During the withdrawal period, the consumer will be given the opportunity to
the product and its packaging. He may only unpack the product or use it to the extent necessary to
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 must return the product with all
accessories and - as far as possible - in its original condition and
be returned to the Entrepreneur in its original condition and packaging,
in accordance with the reasonable and clear instructions of the trader.
Instructions.
If the consumer wishes to exercise his right to
right of withdrawal, he is obliged to notify the Entrepreneur within 14 days after receipt of the product.
of the product to the trader. The consumer
The consumer must do this in the form of a written notification.
e-mail. After the consumer has notified that he
right of withdrawal, the consumer must return the product within
return the product within 14 days. The consumer must prove
that the delivered product has been returned in due time, e.g. by
proof of dispatch.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has
has not informed the consumer that he wishes to exercise his right of
right of withdrawal or has not returned the goods to the
the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the following applies
the costs of returning the products will be borne by the consumer
by the consumer.
If the consumer has paid an amount, the entrepreneur must
refund this amount as soon as possible, but no later than 14 days after
after the return. The condition for this is that
the product has already been received back by the trader or conclusive
proof of the complete return.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the following reasons
exclusion of the products described in paragraphs 2 and 3.
The exclusion of the right of withdrawal shall only be valid if
the trader has made this clear in the offer or at least in good time before the conclusion
conclusion of the contract.
Exclusion of the right of withdrawal is only possible for
products:
a. that have been created by the trader in accordance with the following
specifications provided by the consumer;
b. which are clearly of a personal nature
c. which by their nature cannot be returned; or
d. which perish or age rapidly;
e. whose price is subject to fluctuations in the 7nancial market
market over which the entrepreneur has no influence;
f. for individual newspapers and magazines
g. for audio and video recordings and computer software if
the consumer has broken the seal
h. for hygiene products, the seal of which the consumer has broken
has broken the seal.
Exclusion of the right of withdrawal is only possible for
services:
a. in relation to accommodation, transportation, hospitality or leisure activities
on a specific date or during a specific period of time
period;
b. if the supply has begun with the express consent of the
consumer has commenced before the end of the withdrawal period
c. concerning betting and lotteries.
Article 9 - Price
During the validity period stated in the offer
the prices of the goods and/or services offered shall not be increased,
with the exception of price changes due to changes in VAT
prices.
Contrary to the previous paragraph, the entrepreneur may offer products or
services whose prices are subject to fluctuations
on the financial market and over which the entrepreneur has no control,
with variable prices. This connection to
fluctuations and the fact that all prices stated are
are indicative prices, will be stated together with the offer.
Price increases within 3 months after the conclusion of the
conclusion of the agreement are only permitted if they are the result of
statutory provisions or regulations.
Price increases from 3 months after the conclusion of the contract
the contract are only permitted if the contracting party
has stipulated it and:
a. they are the result of statutory provisions or regulations; or
b. the consumer has the right to withdraw from the contract
to terminate the contract on the day on which the price increase takes effect.
The prices stated in the offer of products or services are
inclusive of VAT.
The place of supply within the meaning of Article 5, first paragraph, of the VAT Act of 1968 is
must be in the country where the supply begins. In this case, this supply takes place
outside the EU. Subsequently, the post or courier service collects the import.
VAT or customs duties are charged to the customer. Consequently, the trader does not charge VAT.
charged by the trader.
All prices are subject to printing and typographical errors. For the consequences
No liability is accepted for the consequences of printing and spelling errors.
Accepted. In the event of printing and spelling errors, the entrepreneur is not obliged to deliver the product
product according to the incorrect price.
Article 10 - Compliance and warranty
The entrepreneur guarantees that the products and/or services
are in accordance with the contract, the specifications stated in the tender, the reasonable
reasonable specifications, the reasonable requirements for reliability and/or
applicability and the applicable legal provisions and/or
the agreement on existing legal provisions and/or
governmental regulations. If agreed.
The Supplier also warrants that the Product is not only suitable for normal use.
than for normal use.
Any warranty given by the trader, manufacturer or importer does not
does not affect the statutory rights and claims which the
consumer may assert against the trader under the contract.
against the trader under the contract.
Any defects or incorrectly delivered products must be reported in writing to the trader within
14 days after delivery in writing to the trader.
Notified. The products must be returned in their original
original packaging and in new condition.
The warranty period of the Entrepreneur is the same as the
the factory warranty period. However, the contractor is never
responsible for the final suitability of the products for
individual application by the consumer, nor for any
any advice on the use or application of the
the products.
The warranty does not apply if:
the consumer has repaired and/or
repaired and/or processed or had repaired and/or processed by a third party;
the delivered products have been exposed to abnormal conditions
exposed or otherwise treated in an irresponsible manner or in violation of
contrary to the instructions of the Contractor and/or on
packaging;
The defects are wholly or partly due to the following
the regulations issued or to be issued by the government with regard to
the nature or quality of the materials used.
Article 11 - Delivery and execution
The contractor must exercise the utmost care when receiving and
with the receipt and execution of orders for products.
Orders for products.
The place of delivery is the address that the consumer has provided to the company.
The Company.
In accordance with the terms and conditions set out in Article 4 of this Regulation
general conditions, the company shall deliver the accepted
products quickly and at the latest within 30 days, unless
the consumer has accepted a longer period.
delivery period. If delivery is delayed, or
if an order cannot be executed or can only be partially
the consumer must be informed within 30 days of placing the order.
he has placed the order. In that case, the consumer shall
the right to terminate the agreement without costs; and
the right to compensation for any loss.
In the event of termination in accordance with the previous paragraph, the trader shall
reimburse the amount paid by the consumer as soon as possible
at the latest within 14 days after dissolution.
If delivery of an ordered product is not possible, the trader must
endeavor to provide a replacement product.
available. At the latest upon delivery, it will be clear and
understandable that it is a replacement product that has been
delivered. In the case of replacement items, the right of withdrawal cannot
be excluded. The costs of a return shipment are
at the expense of the entrepreneur.
The risk of damage and / or loss of products remains
with the entrepreneur until the time of delivery to the consumer
or a previously appointed representative notified to the entrepreneur, unless
and notified to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Fixed-term transactions: duration, termination and renewal
Duration
The consumer may terminate a contract of indeterminate duration which is
concluded for an indefinite period and which provides for the regular supply of goods (including electricity
(including electricity) or services, at any time with
compliance with the applicable notice periods
termination rules and with a notice period not exceeding one month.
The consumer may terminate a fixed-term contract which is
concluded for a fixed period of time and which provides for the regular supply of goods (including electricity
(including electricity) or services at any time until the end of the fixed period.
the end of the fixed term, subject to the
agreed termination rules and a notice period
of no more than one month.
The consumer may terminate the contract
agreements:
terminate at any time and not be limited to termination at a
a specific time or period;
terminate it at least in the same way as they have
entered into;
always terminate them with the same notice period as the contractor has
himself.
Renewal
A contract that has been concluded for a fixed period and which
The regular delivery
Extension
A contract which has been concluded for a fixed period and which has become
regular supplies of goods (including electricity) or services may not be tacitly renewed.
or services may not be tacitly extended or renewed for a fixed period.
be renewed for a fixed period.
Notwithstanding paragraph 1, a contract concluded for a fixed period may be
may be concluded for a limited period and which concerns the periodic delivery of
of daily newspapers and weeklies may be tacitly renewed for a period of one year.
tacitly renewed for a fixed period not exceeding three months, if
the consumer may terminate this renewed contract at the end of the renewal period with a
renewal with a notice period not exceeding one month.
month.
A contract which has been concluded for a fixed period and which is intended
to provide goods or services on a regular basis may only be
tacitly renewed for an indefinite period only if the
the consumer may terminate the contract at any time by giving one month's notice
month and with a notice period of up to three months if the
months if the purpose of the contract is regular but less than
less than once a month daily and weekly newspapers and magazines.
Newspapers and periodicals.
A fixed-term contract for the regular delivery of
of daily and weekly newspapers and magazines (trial or introductory period).
magazines (trial or introductory subscription) is not
implied and terminates automatically at the end of the trial or
trial or introductory period.
Duration of agreement
If a contract has a duration of more than one year, it must
consumer may terminate the contract at any time after one year with a
notice period of up to one month, unless
the fairness and reasonableness of the contract preclude termination before the end of the
agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer
the consumer must be paid within 7 working days
working days after the beginning of the withdrawal period referred to in
Article 6(1). In the case of an agreement to supply a
This period shall begin to run after the consumer has received confirmation
of the contract.
The consumer is obliged to immediately
provide payment details to the trader without delay.
In the event of non-payment by the consumer, the trader
subject to legal limitations, the trader shall be entitled to require reasonable
the consumer an advance payment of the reasonable costs incurred.
Fee.
Article 14 - Complaints procedure
Complaints about the performance of the agreement must be fully and clearly described within 7
days, fully and clearly described and submitted to the
Entrepreneur after the consumer has discovered the defects.
Complaints to the trader must be submitted within a period of
of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time,
the entrepreneur must respond within 14 days with a
response with an acknowledgement of receipt and an indication of when
consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement
a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the trader
unless the entrepreneur states otherwise in writing.
If the entrepreneur believes that a complaint is justified, the entrepreneur will
at its own discretion, replace or repair the delivered products free of charge.
replace or repair.
Article 15 - Disputes
With regard to agreements between entrepreneurs and consumers
to which these general terms and conditions apply
only Dutch law applies. Even if the consumer is resident abroad.
