General conditions for cycling Math Salden bv
ARTICLE 1 - Definitions 2
ARTICLE 2 - Identity of the economic operator 3
ARTICLE 3 - Applicability 3
ARTICLE 4 - The offer 3
ARTICLE 5 - The Agreement 4
ARTICLE 6 - Right of withdrawal 5
ARTICLE 7 - Costs in case of withdrawal 5
ARTICLE 8 - Exclusion of the right of withdrawal 5
ARTICLE 9 - The price 6
ARTICLE 10 - Conformity and Warranty 6
ARTICLE 11 - Delivery and implementation 6
ARTICLE 12 - Duration transactions Duration, cancellation and extension 7
ARTICLE 13 - Payment 8
ARTICLE 14 - Complaints procedure 8
ARTICLE 15 - Disputes 8
ARTICLE 16 - Sector guarantee 9
ARTICLE 17 - Additional or different provisions 9
ARTICLE 1 - DEFINITIONS
In these terms and conditions the following terms shall have the following meanings
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products and / or services to consumers remotely;
Distance contract: an agreement whereby, in the context of a
system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the contract is exclusively used one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader simultaneously in the same area have come together.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Entrepreneur's name: Wielersport Math Salden BV
Location address: Provincial road 21 6141AA Limbricht
Telephone number and time(s) at which the entrepreneur can be reached by telephone:
Tel. General: 0(031)-46-4587812
Tel. Order Hotline: 0(031)-46-4587813
Tel. Clothing Department: 0(031)-46-4515944
Tel. Technical department & Warranty settlement: 0(031)-46-4587814
E-mail address: email@example.com
CoC number: 14063685
VAT identification number: 8085.87.687.B01
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium, contrary to the previous paragraph and before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be read electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer's request.
4. In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general conditions.
Translated with www.DeepL.com/Translator
ARTICLE 4 - THE OFFER
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. 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 obvious errors in the offer do not bind the operator.
3. 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;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions will be taken.
- This is necessary for this purpose;
- the applicability or otherwise of the right of withdrawal;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the offer is to be accepted, or the period within which the offer is to be accepted.
- entrepreneur guarantees the price;
- the amount of the rate for distance communication if the cost of the
use of the means of distance communication shall be calculated on the basis of a
basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion and, if so, on what basis
- The consumer can consult it by any means;
- the way in which the consumer, before concluding the contract, the data provided by him within the framework of the contract can check and if desired restore;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the trader has submitted 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 long-term transaction.
ARTICLE 5 - THE CONTRACT
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions thereby set.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - to inform the consumer 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.
5. The trader will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the establishment of the entrepreneur where the consumer with complaints can go;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding being excluded from the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of products:
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason to dissolve during 14 days. This reflection period commences on the day after receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the Entrepreneur, in accordance with the Entrepreneur's reasonable and clear instructions.
Upon delivery of services:
3. Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least fourteen days, commencing on the day of entering into the contract.
4. To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the trader in the offer and / or at the latest on delivery.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. If the consumer exercises his right of withdrawal, he shall bear the costs of returning the goods at the most.
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 withdrawal.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with specifications of the
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. which are liable to deteriorate 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 separate newspapers and magazines;
g. 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:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which has started with the consumer's explicit consent before the cooling-off period has expired;
c. concerning bets and lotteries.
ARTICLE 9 - THE PRICE
1. 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.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. These fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
ARTICLE 10 - CONFORMITY AND GUARANTEE
1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the contract.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The entrepreneur will take the greatest possible care in receiving and in the execution of orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer will be informed no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the contract without penalty and entitled to any compensation.
4. In case of dissolution in accordance with 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.
5. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement article. No later than the delivery will be clear and comprehensible manner reported that a replacement article is delivered. For replacement items, the right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and the trader announced representative, unless expressly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS DURATION, TERMINATION AND EXTENSION
1. The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice of up to one month.
2. The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the applicable termination rules and a period of notice that does not exceed one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
- may terminate at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
4. A fixed-term contract which has been concluded for the purpose of regularly
delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed period of not more than three months if the consumer has the right to terminate this extended contract at the end of the renewal, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month, and a period that does not exceed three months in the case of a contract that involves the regular supply, but less than once a month, of daily or weekly newspapers or magazines.
7. Agreements with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introductory purposes will not be tacitly continued and ends automatically after the trial or introductory period.
8. If a contract lasts more than one year, the consumer may terminate the contract at any time after one year, with a period of notice not exceeding one month, unless reasonableness and fairness dictate otherwise before the end of the agreed period.
ARTICLE 13 - PAYMENT
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers in general conditions may never be a prepayment of more than 50% be stipulated. When advance payment is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s) before the stipulated advance payment has taken place.
3. The consumer has the duty to inaccuracies in the payment details provided or stated to the entrepreneur immediately to report.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
ARTICLE 14 - 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 contract must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond 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 the service of the Entrepreneur can also be submitted via a complaint form on the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to the Entrepreneur concerned and to Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution.
ARTICLE 15 - DISPUTES
1. Contracts between the entrepreneur and the consumer to which these general conditions apply are governed exclusively by Dutch law.
2. Disputes between the consumer and the entrepreneur about the conclusion or execution of contracts relating to products and services to be supplied or delivered by this entrepreneur can, subject to the provisions below,
both the consumer and the entrepreneur are submitted to the Disputes Committee Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time.
4. The dispute must be submitted to the Disputes Committee in writing no later than three months after it arose.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the proprietor wants to do so, the consumer will have to decide in writing within five weeks after a written request made by the proprietor whether he wishes to do so or whether he wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer's choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee pronounces its decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue its treatment if the entrepreneur has been granted a moratorium, has gone bankrupt or has actually terminated his business activities before a dispute has been dealt with by the committee at the session and a final decision has been rendered.
8. If, in addition to the Disputes Committee Webshop, another disputes committee that is recognized or affiliated with the Disputes Committees Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, the Disputes Committee Webshop has exclusive competence for disputes concerning mainly the method of distance selling or services. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid.
ARTICLE 16 - BRANCH GUARANTEE
1. The Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Disputes Committee Webshop by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee revives, if the binding opinion after review by the court is upheld and the verdict showing this has become final. Up to a maximum amount of €10,000 per binding opinion, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10.000,- per binding advice, €10.000,- will be paid. Stichting Webshop Keurmerk has an obligation to use its best efforts to ensure that the member complies with the binding advice.
2. For the application of this guarantee it is required that the consumer makes a written appeal to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the proprietor exceeds €10,000, the consumer is offered the offer to transfer his claim insofar as it exceeds the amount of €10,000 to the Stichting Webshop Keurmerk, after which this organisation will, in its own name and at its own expense, demand payment thereof in court to pay the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional or different provisions of these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.