Terms and Conditions
Article 1 | Definitions
Article 2 | Identity of the operator
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 withdrawal right
Article 9 | Price
Article 10 | Compliance and Warranty
Article 11 | Delivery and implementation
Article 12 | Length Transactions
Article 13 | Payment
Article 14 | Complaints
Article 15 | Additional or different terms
Article 1 | Definitions:
In these conditions shall apply:
· Entrepreneur: the natural or legal person affiliated with the Foundation Thuiswinkel Certificate and products and / or remote services to the consumer.
· Consumer: means a natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur.
· Distance contract: means an agreement in the context of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement
· Technology for distance communication: means that can be used to conclude an agreement, without the consumer and business simultaneously in the same area have come together.
· Grace period: The period within which the consumer can exercise his right of withdrawal.
· Right of withdrawal: the ability for consumers within the waiting period to see the distance contract.
· Day: Calendar day.
· Length Transaction: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time.
· Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 | Identity of the operator:
Address: Essebaan 38, 2908 LK Capelle aan den IJssel
Phone: Tuesday / Friday from 09:00 - 11:30 hours on 06-84466996
Company number: 61532339
VAT number: NL854378996B01
Article 3 | Applicability:
1. These general conditions are applicable to each offer from the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available. If this is not reasonably possible, before the distance contract is closed, indicating that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible, be transmitted without charge.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is closed, indicating where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in the event of conflicting terms always rely on the applicable provision for the most favorable is.
Article 4 | The Proposal:
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information that the consumer is clear what the rights and obligations, to the acceptance of the offer are attached. This concerns in particular:
· The price including taxes;
· Any costs of delivery;
· How the agreement will be achieved and what actions they require;
· Whether to apply the right of withdrawal;
· The method of payment, delivery or performance of the contract;
· The deadline for accepting the offer, or the deadline for adhering to the price;
· The level of the rate of distance communication if the cost of using the technique of distance communication are calculated on a basis other than the basic rate;
· If the agreement after the adoption is filed, how these consumers to consult;
· How the consumer before the conclusion of the agreement by him popular acts can get informed, and the way he can recover before the agreement is;
· The possible languages, including Dutch, the contract may be entered;
· The conduct to which the operator has submitted and the manner in which the consumer can conduct electronic consult and
· The minimum duration of the distance contract in the event of a contract, including continuous or periodic delivery of products or services.
Article 5 | The agreement:
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can - within the law - to inform consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance. If the entrepreneur on the basis of this study was justified in the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
5. The entrepreneur will be with the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored in a sustainable data carrier hours:
a. to the address of the establishment of the business where consumers can lodge complaints;
b. the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sales service and warranties;
d. in Article 4 paragraph 3 of these terms and conditions, unless the operator this information already provided to the consumer before the execution of the contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
7. Consumers or resellers will resell our products at their own risk, in its own name and take on their own account, and has no right to represent eLogistiek as agent or otherwise.
Article 6 | Right of withdrawal upon delivery of products:
1. When purchasing products, the consumer can terminate the contract without giving any reason to cancel within fourteen working days. This period starts the day after receipt of the product or behalf of consumers.
2. During this period the consumer will carefully handle the product and packaging. He will be the product only to unpack or use as needed to assess whether he would prefer to be maintained. If he exercises his right of withdrawal, he will be the product with all accessories and - if reasonably possible - in its original condition and packaging to return the operator, according to by the employer provided reasonable and clear instructions.
Article 7 | Costs in case of withdrawal:
1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
2. If the consumer has paid a price, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
Article 8 | Exclusion of withdrawal:
1. If the consumer does not have a right of withdrawal may only be excluded by the entrepreneur entrepreneur submitted clearly in the offer, at least in time for the conclusion of the agreement, mentioned.
2. Exclusion of the right of withdrawal is only possible for products:
a) by the entrepreneur to have been made to the consumer's specifications;
b) that are clearly personal in nature;
c) by their nature cannot be returned;
d) that spoil or become obsolete;
e) whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
b) the supply with the express consent of the consumer, before the period has expired;
c) on betting and lotteries.
Article 9 | price:
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in tax rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the operator has no control variable prices, offer. These fluctuations and the fact that any target prices, are at the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the employer has agreed and:
a) they are the result of laws or provisions;
b) the consumer has the power to terminate at the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.
Article 10 | Compliance and Warranty:
1. The company guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or utility and the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. By the trader, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a breach of the obligations of the entrepreneur against the entrepreneur can enforce under the law and / or the distance.
Article 11 | Delivery and implementation:
1. It will be the utmost diligence in the receipt and execution of orders and products when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer made known to the company.
3. Subject to what is stated in Article 4 of these General Conditions, the Company accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than one month after the order was placed. The consumer in this case the right to terminate the agreement without costs and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, repay.
5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item available. By the delivery will be clear and understandable manner reported that a replacement is delivered. For replacement items right of withdrawal cannot be excluded. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products until the time of delivery to the consumer in the business, unless otherwise expressly agreed.
Article 12 | Length Transactions:
1. The consumer may contract for indefinite at any time denounce the applicable termination rules and a notice of up to one month.
2. A contract for a certain period has a duration of two years. If it is agreed that the silence of the consumer distance contract will be extended, the agreement will continue as an agreement for an indefinite period and will continue after the notice of the agreement up to one month.
Article 13 | Payment:
1. Unless subsequently agreed by the consumer amounts to be paid within fourteen days after delivery of the goods or in case of a contract to provide a service, within 14 days after issuance of the relating to this agreement.
2. When selling products to consumers in terms never a prepayment of more than 50% be achieved. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
3. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
4. In case of default by the consumer, the operator subject to statutory limitations, the right to advance to the consumer reasonable costs to charge.
Article 14 | Complaints:
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the performance of the contract must promptly, fully and clearly described and submitted to the operator, after the consumer has found the defects.
3. The entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with an acknowledgment and an indication if the consumer can expect a more detailed answer.
Article 15 | Additional or different terms:
Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or in such a way that the consumer in an accessible way to be saved on a durable medium.