Article 1 – Definitions
- Entrepreneur: the private company with limited liability Radical redemption established and having business at ADDRESS NOG HERE, which, as a legal entity, offers products and/or services to Consumers at a distance. In the context of these General Terms and Conditions, the Entrepreneur also includes all trade name(s) used or operated by radical redemption, as well as the website and the company(s) and/or business activities behind the aforementioned website and trade name(s). m(s);
- Consumer : the natural person who does not act in the exercise of a profession or business and who enters into or has entered into a distance contract with the Entrepreneur;
- Distance selling: buying goods and/or services where there is no personal contact between buyer and seller, within the framework of these General Terms and Conditions: Consumer and Entrepreneur. The Distance Selling Act (Articles 46a to 46j of Book 7 of the Dutch Civil Code) protects consumers when purchasing via the internet, telephone, post and other communication techniques;
- Distance Agreement: an agreement whereby, within the framework of a system organized by the Entrepreneur for the distance purchase of goods and/or services, up to and including the conclusion of the agreement, use is made of one or more of the aforementioned distance communication techniques referred to in point 3;
- Reflection period : the period within which the Consumer can make use of his right of withdrawal;
- Right of withdrawal : the option for the Consumer to waive the distance contract within the cooling-off period;
Article 2 – Further information of the Entrepreneur
Chamber of Commerce number:
VAT identification number:
Article 3 – Applicability
- These General Terms and Conditions apply to every offer from the Entrepreneur and to every distance contract concluded between the Entrepreneur and Consumer.
- Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the General Terms and Conditions can be viewed at the Entrepreneur and that they will be sent free of charge as soon as possible at the request of the Consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can be made available to the Consumer electronically in such a way that it can be read by the consumer. Consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated 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 otherwise.
- In the event that, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the Consumer can always invoke the applicable provision that applies to him in the event of conflicting General Terms and Conditions. is most favorable.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
- 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 Entrepreneur.
- 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 way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the term for accepting the offer or the term for adhering to the price;
- the level 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 agreement is archived after the conclusion, how it can be consulted by the Consumer;
- the manner in which the Consumer before concluding the agreement of do unpack or use it to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
Article 6b – Right of withdrawal upon delivery of services
- When services are provided, the Consumer has the option of dissolving the agreement without giving reasons for seven days
working days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the Consumer will refer to the information provided by the Entrepreneur with the offer and/or at the latest with the
reasonable and clear instructions provided in this respect.
Article 7 – Costs in case of withdrawal
- If the Consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- 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.
Article 8 – Exclusion right of withdrawal
- If the Consumer does not have a right of withdrawal, this can only be excluded by the Entrepreneur if the Entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- a) created by the Entrepreneur in accordance with the Consumer’s specifications;
- b) which are clearly personal in nature;
- c) which cannot be returned due to their nature;
- d) that can spoil 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 loose newspapers and magazines;
- g) for audio and video recordings and computer software of which the Consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- a) regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- b) the delivery of which started with the express consent of the Consumer before the cooling-off period has expired;
- c) regarding betting and lotteries.
Article 9 – The price
- 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.
- Contrary to the previous paragraph, the Entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and:
- a) they are the result of legal regulations or provisions; or
- b) the Consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
- The Entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations.
- A scheme offered as a guarantee by the Entrepreneur, manufacturer or importer does not affect the rights and claims that the Consumer can enforce against the Entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the Entrepreneur under the law. and/or the distance contract.
Article 11 – Delivery and performance
- The Entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the Consumer has made known to the Company.
- With due observance of what is stated in article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than one month after he has placed the order. In that case, the Consumer has the right to dissolve the agreement without costs and the right to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount paid by the Consumer as soon as possible, but no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the Entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the Entrepreneur.
- The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer, unless expressly agreed otherwise.
Article 12 – Duration Transactions
- The Consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that the distance agreement will be extended if the Consumer remains silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 – Payment
- Unless otherwise agreed, the amounts owed by the Consumer must be paid within fourteen (14) days after delivery of the good or, in the case of an agreement to provide a service, within fourteen (14) days after delivery of the documents relating to this agreement.
- When selling products to Consumers, an advance payment of more than 50% may never be stipulated in the General Terms and Conditions. When advance payment has been stipulated, the Consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The Consumer is obliged to immediately inform the On report the contractor.
- In the event of non-payment by the Consumer, the Entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the Consumer in advance.
Article 14 – Complaints procedure
- The Entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the Entrepreneur within a reasonable time, fully and clearly described, after the Consumer has discovered the defects.3. Complaints submitted to the Entrepreneur will be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will respond within the period of fourteen (14) days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
Article 15 – Additional or deviating provisions
Additional or deviating provisions from these General Terms and Conditions may 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 on a durable data carrier.
Article 16 – Choice of Law – Disputes
- Only Dutch law applies to agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions apply.
- All disputes relating to or arising from agreements concluded by the Entrepreneur with the Consumer and/or deliveries made by it will be adjudicated by the competent court in the District Court of ”s-Hertogenbosch, without prejudice to the law accruing to the Consumer. to submit a dispute to the Disputes Committee or comparable body included in the agreement concluded between the parties.
- However, the parties will only submit the dispute to the court, Disputes Committee or body referred to in paragraph 1 above, after they have made every effort to settle the dispute in mutual consultation.
Article 17 – Change, explanation and location of the General Terms and Conditions, conversion
- These General Terms and Conditions have been filed with the registry of the Court in ”’s-Hertogenbosch.
- In the event of an explanation of the content and purport of these General Terms and Conditions, the Dutch text thereof is always decisive.
- The most recently filed version or the version that applied at the time of the conclusion of the agreement always applies.
- If and insofar as any provision in these general terms and conditions cannot be invoked on the grounds of reasonableness and fairness or the unreasonably onerous nature, then that provision will have a meaning that is as similar as possible in terms of content and purport, so that an appeal can be made to it. can be done.
- When services are provided, the Consumer has the option of dissolving the agreement without giving reasons during fourteen days, starting on the day of entering into the agreement.
- To make use of his right of withdrawal, the Consumer will follow the reasonable and clear instructions provided by the Entrepreneur with the offer and/or at the latest with the delivery.