Article 1 - Identity of the entrepreneur
Name entrepreneur: Webblouse BV
Chamber of Commerce number: 76202089
VAT number: NL860543894B01
Business address: Landbouwlaan 21 7681 NC Vroomshoop
Article 2 - Definitions
In these conditions the following terms have the following meanings:
1. Entrepreneur: the natural or legal person and offers products and / or services to consumers at a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being physically in close proximity, such as (but not limited to) by fax, telephone and internet;
4. Distance contract: an agreement whereby, in the context of a system for the sale or provision of remote services for products and / or services organized by the seller or service provider (entrepreneur), up to and including the conclusion of the agreement, use is exclusively made. of one or more techniques for distance communication;
5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
6. Time for reflection: the period within which the consumer can exercise his right of withdrawal;
7. Day: calendar day;
8. Duration transaction: a distance contract with regard to a number of products and / or services, the delivery and / or purchase obligation of which is spread over a longer period;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him / her personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 3 - Applicability
1. These general terms and conditions apply to any distance contract concluded between the entrepreneur and the consumer and to any offer from the entrepreneur.
2. Before the distance contract is concluded, the entrepreneur makes the text of these general terms and conditions available to the consumer. If it is not possible to make the general terms and conditions available in advance, the entrepreneur will indicate before the distance contract is concluded that the consumer can view the general terms and conditions and that they will be sent free of charge at the request of the consumer. The text of these general terms and conditions can also be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not possible, before the distance contract is concluded,
3. If, in addition to these general terms and conditions, certain product or service conditions also apply, the second paragraph applies mutatis mutandis and the consumer can always invoke the applicable provision that applies to him / her if there are conflicting (general) conditions. hair is most beneficial.
Article 4 - The agreement
1. The agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions, with due observance of the provisions in paragraph 6 of this article.
2. The entrepreneur immediately electronically confirms receipt of the acceptance of the offer if the consumer has accepted the offer electronically. Until the receipt of this acceptance by the entrepreneur has not been confirmed, the consumer can terminate the agreement.
3. The entrepreneur takes appropriate technical and organizational measures to protect the electronic transfer of data in case the consumer has accepted the offer electronically. The entrepreneur will take appropriate security measures if the consumer can pay electronically. In that context, the entrepreneur will ensure a safe web environment.
4. The entrepreneur will provide the consumer with the product or service with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. The visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite. c. the information included in article 5 paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; d. information about guarantees and after-sales service; e.
5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur has undertaken to supply a series of products or services;
6. The entrepreneur can (of course within the limits of the law) inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
Article 5 - The offer
1. The entrepreneur will explicitly state if an offer has a limited period of validity or is subject to conditions.
2. The offer contains a complete, accurate and detailed description of the products and / or services offered, so that the consumer can properly assess the product / service. If images are used with the offer, these must be truthful images of the products and / or services offered. Obvious mistakes or errors in the offer, where it can be immediately clear to a consumer that there is a mistake or error, do not bind the entrepreneur.
3. With an offer, the entrepreneur clearly states what the rights and obligations of a consumer are if the offer is accepted. The - price including taxes; - delivery costs if applicable; - how the contract will be concluded and how the consumer can have it concluded; - method of delivery, payment or execution of the agreement; - the way in which the consumer can become aware of actions he does not want before concluding the contract, as well as the way in which he can repair these before the contract is concluded; - any languages in which, in addition to Dutch, the contract can be concluded; - the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and - the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic delivery of products or services. - whether or not the right of withdrawal applies; - if the contract is filed after conclusion, how it can be consulted by the consumer; - the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; - period for accepting the offer, or the period for adhering to the price; and - the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic delivery of products or services. - whether or not the right of withdrawal applies; - if the contract is filed after conclusion, how it can be consulted by the consumer; - the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; - period for accepting the offer, or the period for adhering to the price; and - the minimum duration of the distance contract in the event of a contract that involves the continuous or periodic delivery of products or services. - whether or not the right of withdrawal applies; - if the contract is filed after conclusion, how it can be consulted by the consumer; - the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; - period for accepting the offer, or the period for adhering to the price; - if the contract is filed after conclusion, how it can be consulted by the consumer; - the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; - period for accepting the offer, or the period for adhering to the price; - if the contract is filed after conclusion, how it can be consulted by the consumer; - the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; - period for accepting the offer, or the period for adhering to the price;
Article 6 - The price
1. All prices of products or services offered are prices including VAT. There can be no hidden extra costs in the offer such as taxes (VAT), packaging or shipping costs. If these costs apply, they must be clearly stated in the offer.
2. The prices of the products and / or services offered are not increased during the period of validity stated in the offer, subject to price changes as a result of changes in VAT rates.
3. In the case of products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, the entrepreneur may, notwithstanding the previous paragraph, offer the product / service with variable prices, provided that the The entrepreneur clearly states in the offer that these fluctuations may occur and that the prices are target prices.
4. Price increases within three months after the conclusion of the agreement are not permitted unless they are the result of statutory regulations or provisions.
5. Price increases from three months after the conclusion of the agreement are not permitted unless the entrepreneur has stipulated this, they are the result of statutory regulations or provisions or the consumer has the option to cancel the agreement at the time of a price increase. .
Article 7 - Discounts, promotional codes and offers
1. Discounts and promotions can be communicated via the website, newsletter, social media and external websites.
2. Promotion codes do not apply to already discounted items (discount on discount is always excluded);
3. It is not possible to use promotional codes on existing offers; 4. For promotions with a minimum spending value (for example: discount with a decrease of… euros) or a decrease of a minimum number of items (for example… pick up =… pay), the minimum quantity must always be reached after returning to use. keep making the action. 5. Claiming a promotion afterwards is unfortunately not possible.
Article 8 - Payment
1. The amounts owed by the consumer, unless otherwise agreed, must be paid within fourteen days after delivery of the good or in the case of a contract for the provision of a service, within 14 days after the delivery of documents relating to that shift.
2. If there is non-payment or non-payment by the consumer, the entrepreneur can, unless legally limited, charge reasonable costs to the consumer, provided this has been communicated to the consumer in advance.
3. Any inaccuracies in the provided or stated payment details must be immediately communicated by the consumer to the entrepreneur.
4. General conditions may never stipulate an advance payment of more than 50% when selling products to consumers. Payment in advance of more than 50% may be agreed. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service in question before the agreed advance payment has been made.
Article 9 - Right of withdrawal upon delivery of products
1. When purchasing products for 14 days from the day of receipt of the product by or on behalf of the consumer, the consumer has the option of dissolving the contract without giving any reason.
2. The product must be returned by the consumer within 14 days of receipt.
3. If the consumer wishes to make use of the right of withdrawal, he must only unpack or use the product to the extent necessary to be able to assess whether the consumer wishes to keep the product. During this period, the consumer will handle the product and packaging with care. The consumer will return the product with all supplied accessories and, as far as possible, in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions indicated by the entrepreneur. 5. The consumer is responsible for the risk of loss and / or damage to products until the moment of delivery to the entrepreneur. In the event of a return being missing, a valid track and trace serves as proof. The consumer should always be able to present this.
Article 10 - Costs in case of withdrawal
1. If the consumer makes use of the right of withdrawal, at most the costs of return will be for his account.
2. 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 11 - Exclusion of right of withdrawal
1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer and in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: a that can spoil or age quickly; b) that cannot be returned due to their nature; c) for audio and video recordings and computer software of which the consumer has broken the seal. d) for individual newspapers and magazines; e) that have been created by the entrepreneur in accordance with the consumer's specifications; f) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; g) that are clearly of a personal nature;
3. Exclusion of the right of withdrawal is possible for services: c) for bets and lotteries. b) for services the delivery of which commences with the explicit consent of the consumer before the reflection period has expired; c) concerning transport, transportation, restaurant business, accommodation or leisure activities to be performed on a specific date or during a specific period;
Article 12 - Duration transactions
1. In an agreement that has been concluded for an indefinite period, the consumer can always cancel with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The maximum term for an agreement that has been entered into for a definite period is two years. If it has been agreed that the distance contract will be extended if the consumer remains silent, the contract will be continued as an indefinite contract and the notice period after the contract has been continued will be a maximum of one month.
Article 13 - Delivery and implementation
1. When receiving and implementing orders for products, as well as when assessing applications for the provision of services, the entrepreneur will exercise the greatest possible care.
2. The entrepreneur acknowledges electronic communication and will not deny its validity or legal effect due to the mere fact that the communication is electronic.
3. If delivery of an ordered product proves to be permanently impossible, the entrepreneur will endeavor to make a replacement comparable article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. With replacement articles, the right of withdrawal cannot be excluded and the consumer is free to dissolve the agreement, whereby the costs of any return shipment will be borne by the entrepreneur.
4. Unless expressly agreed otherwise, the risk of loss and / or damage of products until the moment of delivery to the consumer rests with the entrepreneur.
5. The address that the consumer has communicated to the entrepreneur counts as the place of delivery. 6. The entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed, with due observance of the provisions in Article
7. If there is a delay in delivery, 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 such a case, a consumer has the right to dissolve the contract at no cost and a right to any compensation. 6. In case of dissolution on the basis of the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
Article 14 - Warranty
An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee can entitle the rights and claims that the consumer has with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the consumer under the law and / or the agreement. do not limit or set aside remotely.
Article 15 - Compliance
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and / or reliability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
Article 16 - Complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. The entrepreneur will handle and answer complaints submitted as soon as possible, but in any case within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or service of the entrepreneur can be submitted via a complaint form on the website of the Thuiswinkelkeurmerk (www.thuiswinkelkeurmerk.info) after the complaint has been submitted to the entrepreneur and an attempt has been made to find a solution. . The complaint submitted to Thuiswinkelkeurmerk will be forwarded to the entrepreneur in order to give them the opportunity to resolve the complaint or to make the position known to Thuiswinkelkeurmerk. If the complaint cannot be resolved by mutual agreement, Thuiswinkelkeurmerk will try to mediate. A complaint will only be handled by Thuiswinkelkeurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
Article 17 - Additional or different stipulations
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 18 - Changes to the general terms and conditions
Changes to these terms and conditions will only take effect after they have been properly published. In the event of changes during the term of an offer, the provision (s) most favorable to the consumer will take precedence.
Article 19 - Applicable Law
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Last modified November 28, 2019.