Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the trader
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 Execution
Article 12 - Length Transactions: duration, notice and, extension
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions we define the following terms as:
1. Reflection: term during which the consumer can use his/her right of withdrawal;
2. Consumer: the natural person who does not act in the carrying out of the trade or the company and who enters into agreement at a distance with the trader;
3. Day: calendar day;
4. Length Transaction: an agreement at a distance with regard to a series of products and/or services, of which the delivery- and/or the purchase obligation is spread over time;
5. Durable Medium: any means that allow the consumer or trader to save information, meant to them personally, in a way that will allow future consultation and unaltered reproduction of this saved information;
6. Right of Withdrawal: the possibility for the consumer to decide, within the reflection time, not to continue the agreement;
7. Trader: the natural person or corporation that offers the products/services at a distance to consumers;
8. Distance contract: an agreement whereby in the context of a by the trader organized system for sales of products/services at a distance, until the closing of the sale one or more techniques for communication at a distance are exclusively used;
9. Technique for distance communication: means that may be used to close a contract, without having the consumer and the trader in the same room at the same time.
Article 2 - Identity of the trader
ProFlags BV;
Tilbury 8, 3897AC, Zeewolde, The Netherlands;
Phone number: +31 (0) 85 401 4648
E-mail address: [email protected]
Chamber of Commerce number: 92559840
VAT identification number: NL8515.71.165.B01
Article 3 - Applicability
1. These terms and conditions are applicable to every offer from the trader and to every established distance contract between consumer and trader.
2. Before the distance agreement is signed, these terms and conditions will be made available to the consumer. Should this, for certain reasons, not be possible the consumer will be notified before the agreement that the terms an conditions can be viewed at the trader and that these will be send to the consumer as soon as possible, without additional costs.
3. If the distance agreement is made electronically, in deviation to the previous section and before the distance agreement is made, the trader can make the terms and conditions known via the electronic way. This will be done in such a way that the terms and conditions can be easily found and saved by the consumer on a durable medium. Should this reasonably not be possible, the consumer will be informed of where to find the terms and agreements electronically, before the agreement is made. Per request of the consumer the terms and conditions can also be send to the consumer electronically or otherwise without additional costs.
4. In case of specific product information that has to be sent along with the terms and conditions the second and third chapter are of corresponding applicability. The consumer will, in case of contradictory terms, be able to call upon the applicable terms most favorable to them.
Article 4 - The Offer
1. If an offer is available for a limited amount of time or if the offer is agreed upon under certain conditions , this will be importunately stated in the offer.
2. The offer will contain a complete and accurate description of the offered products and/or services. The description is detailed enough to make a good estimate of the offer by the consumer. If the trader uses pictures these are a veracious depiction of the offered services and/or products. Apparent mistakes or errors in the offer do not bind the trader.
3. Every offer will contain such information, that to the consumer it is clear what the rights and liabilities are that are attached to the acceptance of the offer.This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be made and what actions will be needed for this;
- Whether or not the right of withdrawal is applicable;
- the method of payment, delivery and carrying out of the agreement;
- the term for accepting the offer or the term in which the trader guarantees the price;
- the price level for the distance communication should the costs of the use of technique for distance communication be calculated different from the regular basic rate for the used means of communication;
- if the agreement will be archived after it has been made, and if so how the consumer may consult this;
- the way in which the consumer, before making the agreement, may check and if wished rectify the information provided in the context of the agreement;
- the possible languages in which the agreement can be made, other than Dutch;
- the codes of conduct to which the trader has submitted him/herself and the way in which the consumer can consult these codes of conduct electronically;
- the minimal duration of a distance agreement in case of a length transaction.
Article 5 - The Agreement
1. The agreement will be, with a proviso of the fixed agreement in section 4, made at the moment the consumer accepts he offer and the satisfying of the terms and conditions belonging to this offer.
2. If the consumer has accepted the offer electronically, the trader will confirm the acceptance electronically, without delay. As long as the trader has not confirmed receiving this acceptance, the consumer can dissolve the agreement.
3. If the agreement is made electronically, the trader will take fitting technical and organisational measures to secure the electronic transmission of data, and he will take care of a save web-environment. If the consumer can pay electronically the trader will also take fitting safety measures for this.
4. The trader can - within the legal context - collect information as to whether the consumer is able to make payment, as well as collecting information of import to responsibly make a distance agreement. if the trader has reasonably grounds to dissolve the agreement based on this investigation, he will be legally motivated to refuse an order or to bind the consumer to special terms and conditions.
5. The trader will deliver, along with the products/services, the following information either in writing or in such a way that these can be easily accessed and saved on a durable medium by the consumer:
a. the visiting address of the establishment of the trader where the consumer may go with any complaints;
b. the conditions and way the consumer can use the right of withdrawal, or a clear notification of products/services being exempt from the right of withdrawal;
c. information about warranties and existing service after purchase;
d. the information taken up in article 4 section 3 of these terms and conditions, unless the trader has already provided this information to the consumer before executing the agreement;
e. the requirements for the denouncing of the agreement should the agreement have a duration longer than a year or of undetermined duration.
6. In case of a length transaction the determination of the previous section is only applicable to the first delivery.
Article 6 - Right of Withdrawal
When delivering products:
1. After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
2. During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
When delivering services:
3. After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
4. In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
Article 7 - Costs in case of withdrawal
1. If the consumer uses his right of withdrawal, the only costs will be the costs of returning the product.
2. If the consumer has payed a sum of money, the trader will refund this as soon as possible, withing at least 14 days after returning or denouncing.
Article 8 - Exclusion of withdrawal
1. The trader can exclude the right of withdrawal to the extend provided in section 2 and 3. The exclusion of the right of withdrawal is only applicable if the trader has explicitly mentioned this in the offer or timely before closing the agreement.
2. Exclusion of the right of withdrawal is only applicable to products:
a. that are made possible by the trader in accordance to specifications of the consumer;
b. that are obviously personal in nature;
c. that because of their nature cannot be returned;
d. that can age or spoil fast;
e. of which the price is bound to fluctuations on the financial market on which the trader has no influence;
Article 9 - The price
1. During the in the offer supplied validity of the offer the prices of the products/services will not be raised, barring price changes as a result of VAT rates.
2. In deviation of the previous section, the trader can offer products or services of which the prices are bound to fluctuations on the financial market and on which the trader has no influence, with varying prices. This bondage to fluctuations and the fact that supplied prices are targetprices will be noted in the offer.
3. Price increases within 3 months of making the agreement are only allowed if they are the consequence of legal regulations or provisions.
4. Price increases after 3 months after making the agreement are only allowed if the trader has already stipulated this and:
a. if these are a consequence of legal regulations or provisions; or
b. if the consumer has the right to denounce the agreement from the day the price increase sets in.
5. The prices named in the offer of products or services are including VAT.
Article 10 - Conformity and Warranty
1. The trader will vouch for the products/services to meet the expectations deriving from the agreement, the specifications noted in the offer, the reasonable demands of reliability and/or usefulness and the on the date of the closing of the agreement standing legal regulations and provisions. If agreed the trader will also vouch for the product being fit for uses other than normally indicated.
2. A by the trader, manufacturer or importer provided warranty does not diminish the legal rights and demands that the consumer can assert on the grounds of the agreement to the trader.
Article 11 - Delivery and Execution
1. The trader will observe the best possible care in receiving and executing of the order of products and in reviewing the requests for granting services.
2. As delivery address will be reckoned the address that the consumer has made known to the corporation.
3. Taking in to account the information concerning this, mentioned in article 4 of these terms and conditions, the corporation will execute accepted orders as soon as possible, but within 30 days, unless a longer delivery term was agreed upon. If the delivery should be delayed, or if a delivery cannot, or only partly, be supplied, the consumer will receive notice of this 30 days after placing the order at the latest. The consumer, in this case, will have the right to the denounce the agreement without costs. They also have the right to potential compensaion.
4. In the case of a denouncement, in agreement with the previous section, the trader will refund the money the consumer has paid as soon as possible, 30 days after the denouncement at the latest.
5. If the delivery of an ordered product should prove to be impossible, the trader will put in an effort to offer a substituting product. At the delivery at the latest it will be made known that a substituting article is being delivered. The right of withdrawal cannot be exclused from these products. The costs of returning the product will be for the trader.
6. The risk of damages and/or the disappearing of the products lie with the trader until such moment as the package is delivered to the consumer or a previously agreed upon representative of the consumer. unless it was expressly otherwise agreed upon.
Article 12 - Length Transactions: duration, notice and extension
Notice
1. The consumer may give notice at any time on an agreement for an indefinite time and that involves the regular delivery of products (electricity falling under this) or services, as long as the rules of notice are taken into account and there is a term of notice of one month.
2. The consumer may give notice on an agreement of a certain duration stretching to regularly delivering products (electricity falling under this) or services, at any time nearing the end of the agreement of certain duration. The consumer has to take into account the rules of giving notice and the term of notice of 1 month.
3. The agreements mentioned in the previous sections can be:
- canceled at all times, not limited to a certain time or period;
- canceled in the same way as they have been agreed upon;
- can always be canceled within the same notice term as the trader has stipulated for himself.
Extension
4. An agreement made for a certain duration, stretching to regularly delivering of products or services may not be tacitly renewed or renewed for a certain duration.
5. An agreement made for a certain duration, stretching to regularly delivering of products and services may only be tacitly renewed for an indefinite time if the consumer is allowed to cancel the agreement at any time with a notice term stretching from 1 to 3 months.
Duration
6. If an agreement has a duration of more than 1 year, the consumer is allowed to cancel the agreement after a year with a notice term of at least 1 month, unless reasonability goes against cancelling the agreement before the ending of the agreement.
Article 13 - Payment
1. When there are no other agreements made, the payment owed by the consumer has to be made within 14 days after the start of the reflection time as defined in article 6 section 1. In case of an agreement concerning the granting of services, this term starts after the consumer receives the confirmation of the agreement.
2. When selling products to consumers there may never be stipulated in the terms and conditions that the consumer has to pay more than 50% up front. If payment up front is stipulated, the consumer can not assert any rights concerning the execution of the order or services, before the payment is made.
3. The consumer has the duty to notify the trader when there are inaccuracies in the provided or noted payment details, right away.
4. In case of a default in the payment of the consumer the trader holds the right, under legal restrictions, to bill the consumer with reasonable costs, made known beforehand.
Article 14 - Complaints
1. The trader has a complaints procedure that is made known and complaints will be handled following this procedure.
2. Complaints about the execution of the agreement have to be delivered promptly, entirely and clearly described to the trader, after the consumer has identified the defects.
3. Complaints delivered to the trader will be answered within 14 days (counting from the day of receiving). If a complaint demands a foreseeable longer processing time, the trader will inform the consumer within 14 days that they have received the complaint, and an estimation as to when the consumer may expect a complete answer.
4. If the complaint cannot be resolved by mutual consultation will result in a dispute fit for dispute settlement.
With complaints that cannot be solved in joint consultation, the consumer has the possibility to contact Trusted Shops. Trusted Shops will mediate for free. If there is no solution after the mediation, the consumer has the possibility to submit thecomplaint to Stichting GeschilOnline, the decision of Stichting GeschilOnline is binding. The consumer and entrepreneur agree with this binding decision. The submission of a dispute to the arbitration are not for free. The consumer must pay the costs of the arbitration. Furthermore residents living in the EU can use the European Dispute resolution platform to submit a complaintin order to reach an out-of-court settlement. This platform is available on http://ec.europa.eu/odr, but we would advice to contact Stichting Trusted Shops first.
Article 15 - Disputes
For agreements between the trader and the consumer concerning these terms and agreements only Dutch rights are applicable.
Artikel 16 - Additional or different provisions
Additonal or terms and conditions deviating from these terms and conditions may not place the consumer at a disadvantage. They have to be recorded in writing in such a way that they are easily accesable to the consumer and can be saved on a durable medium.