Artikel 1 – Definitions
Artikel 2 – The Entrepreneur’s identity
Marvi | www.avelineladyshave.eu
5101 VC Dongen
Tel. Nr: 06-22742879
BTW nr: NL140455528B02
Artikel 3 – Applicability
Artikel 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer
- The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
- the price, including taxes;
- any delivery costs, if applicable;
- the way in which the agreement will be concluded, and what actions are needed to establish this;
- whether or not the right of withdrawal is applicable;
- the form of payment, delivery or performance of the contract;
- the time frame for accepting the offer, or , as the case may be, the time frame for honouring the price;
- the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
- if the contract is filed after conclusion, how the Consumer can consult it;
- the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
- any languages other than Dutch in which the contract can be concluded;
- the codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means, and the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
Artikel 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
- If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
- The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact for any complaints;e period of time.
- the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
- the information corresponding to existing after-sales services and guarantees;
- the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinit
Artikel 6a – Right of withdrawal
Artikel 6b – When providing services
Artikel 7 – Costs in case of withdrawal
Artikel 8 – Uitsluiting herroepingsrecht
- that were realised according to the Consumer’s specifications;
- that are obviously personal in nature;
- that cannot be returned due to their nature;
- that spoil or age quickly;
- whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
- for single newspapers and magazines;
- 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:
- regarding accommodation, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
- of which the provision has been started with the Consumer’s explicit consent before the expiration of the cooling-off period;
- regarding betting and lotteries;
Artikel 9 – The Price
- The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
- All prices indicated in the provision of products or services are including VAT.
- Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
- they are the result of legal regulations or stipulations, or
- the Consumer has the authority to cancel the contract before the day on which the price increase starts.
Artikel 10 – Conformity and Guarantee
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
- An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations based on the law and/or the distance contract.
Artikel 11 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the company.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
- If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
- Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.
Artikel 12 – Payment
- Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
- In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
Artikel 13 – Complaints procedure
- The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
- The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.