General conditions
Articel 1 – Definitions In these terms, the following definitions apply: Waiting period: the period during which the consumer may exercise the right to withdraw from the contract; Consumer: a natural person who does not perform a profession or business activity and enters into a distance contract with an entrepreneur; Day: calendar day; Fixed-term contract: a distance contract concerning a series of products and/or services where the obligation to deliver and/or purchase is spread over a certain period; Durable medium: any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future retrieval and reproduction of stored information in an unchanged form. Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the withdrawal period; Entrepreneur: a natural person or legal entity offering products and/or services to consumers at a distance; Distance contract: a contract within the framework of an organized system for the sale of goods and/or services at a distance, where exclusively one or more means of distance communication are used up to the time of contract conclusion; Means of distance communication: a means through which a contract can be concluded without the simultaneous physical presence of the consumer and entrepreneur in the same room. General terms and conditions: these general terms of the entrepreneur.
Article 2 - Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before concluding a distance contract, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before concluding the distance contract that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request. If, contrary to the preceding provision, the distance contract is concluded electronically, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. In the event that, in addition to these general terms and conditions, specific conditions related to a product or service apply, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them. If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or null, the contract and these Terms and Conditions will remain in effect, and the relevant provision will be replaced promptly by mutual agreement with a provision that approximates the spirit and purpose of the original provision as closely as possible. Situations not covered by these Terms and Conditions should be assessed 'in the spirit' of these Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted 'in the spirit' of these General Terms and Conditions.
Article 3 -If the offer has a limited period of validity or is subject to certain conditions, this must be clearly stated in the offer. The offer is subject to change. The entrepreneur has the right to change and adjust the offer. The offer contains a full and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur. All photos, specifications, and data included in the offer are indicative and cannot be a basis for compensation or dissolution of the agreement. Product images represent the offered products accurately. The operator cannot guarantee that the displayed colors precisely match the actual colors of the products. Each offer includes information that allows the Consumer to understand the rights and obligations associated with accepting the offer. This particularly concerns: the price, excluding customs clearance and import tax. These additional costs are incurred at the customer's expense and risk. The postal and/or courier service applies special regulations for postal and courier services upon import. This regulation applies to the importation of goods into the destination EU country, which is the case here. The post or courier service charges VAT (along with clearance fees, if applicable) to the recipient of the goods; any shipping costs; the manner in which the contract will be concluded and what means are required for this purpose; whether there is a right of withdrawal; the period for accepting the offer or the period within which the entrepreneur guarantees the price; whether the contract will be archived after its conclusion, and if so, how the consumer can access it; the manner in which the Consumer can check and, if necessary, correct the data provided by them within the framework of the contract before concluding the contract; the manner in which the Consumer can check and, if necessary, correct the data provided by them within the framework of the contract before concluding the contract; all languages other than Dutch in which the contract can be concluded; codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of an extended transaction. Optional: available sizes, colors, types of materials.
Article 4 - Contract Subject to the provisions of paragraph 4, the contract is concluded at the moment the Consumer accepts the offer and meets the conditions set out therein. If the Consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may rescind the contract. If the contract is concluded electronically, the entrepreneur is obliged to take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may inquire – within legal frameworks – whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the implementation, providing reasons for doing so. The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium: the address of the entrepreneur's establishment where the consumer can lodge complaints; the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information on guarantees and existing after-sales services; the data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract; the conditions for terminating the contract if the contract is concluded for more than one year or for an indefinite period. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery. Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 5 - Right of Withdrawal When purchasing products, the Consumer has the option to withdraw from the contract without giving any reason within 14 days. This reflection period starts the day after the Consumer or a pre-designated representative appointed by the Consumer and communicated to the entrepreneur receives the product. During the withdrawal period, the Consumer will handle the product and its packaging with care. The Consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the Consumer exercises the right of withdrawal, they are obliged to return the product to the entrepreneur with all supplied accessories and – if reasonably possible – in the original condition and original packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the Consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The Consumer should communicate this in the form of a written notice/email. After the Consumer has declared that they wish to exercise the right of withdrawal, they must return the product within 14 days. The Consumer is obliged to provide proof of timely return of the delivered goods, such as by means of proof of shipment. If the Consumer has not expressed the wish to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 6 - Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the cost of returning the goods will be borne by the consumer.
If the Consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days from the day of cancellation. The condition is that the goods have already been returned to the entrepreneur or conclusive proof of complete return can be provided.
Article 7 - Exclusion of the Right of Withdrawal The entrepreneur may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly specified this in the offer, at least in a timely manner before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:
- which have been personalized according to the consumer's specifications by the entrepreneur;
- which have a clearly personal nature and are non-returnable due to their nature;
- which deteriorate or age rapidly;
- whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer. Exclusion of the right of withdrawal is only possible for services:
- related to accommodation, transport, restaurant services, or recreational activities to be performed on a specific date or during a specific period;
- the delivery of which has begun with the consumer's explicit consent before the withdrawal period has expired;
- concerning bets and lotteries.
Article 8 - Price
During the validity period indicated in the offer, prices of the offered products and/or services will not increase, except for changes in VAT rates.
Departing from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This relationship with fluctuations and the fact that the prices stated are target prices should be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are permissible only if they result from legal provisions or regulations.
Price increases after 3 months from the conclusion of the contract are permissible only if the entrepreneur has agreed to them and:
- they result from legal provisions or regulations; or
- the consumer has the right to withdraw from the contract on the day the price increase becomes effective.
According to Article 5(1) of the 1968 Sales Tax Act, the place of delivery is the country where the transport begins. In this case, delivery takes place outside the EU. Subsequently, the postal service or courier company collects import sales tax or customs clearance fees from the customer. This way, the entrepreneur does not incur VAT.
All prices may contain printing errors. We do not accept any responsibility for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obligated to deliver the goods at the erroneous price.
Article 9 - Conformity and Warranty
The Seller guarantees that the products and/or services comply with the agreement, specifications indicated in the offer, justified requirements of reliability and/or utility, as well as with applicable law and/or governmental regulations in force at the time of concluding the contract. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal. The warranty provided by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the Consumer may assert against the entrepreneur based on the contract. Defective or improperly delivered products must be reported to the entrepreneur in writing within 14 days from the delivery date. Products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur never assumes responsibility for the final suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:
- The consumer repaired and/or modified the delivered products themselves or commissioned their repair and/or modification to third parties.
- The delivered products were exposed to abnormal conditions or were treated in a careless manner or contrary to the instructions provided by the entrepreneur and/or on the packaging.
- The defect is wholly or partially the result of regulations adopted or accepted by the state regarding the type or quality of materials used.
Article 10 - Delivery and Execution
The Company will make every effort to accept and fulfill orders for products promptly. The place of delivery is the address provided by the Consumer to the company. Subject to the provisions of Article 4 of these General Terms, the Company will execute accepted orders promptly, but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If delivery is delayed or the order cannot be fulfilled or can only be fulfilled in part, the Consumer will be informed thereof no later than 30 days from placing the order. In such a case, the Consumer has the right to withdraw from the contract without incurring costs and the right to any potential compensation. In the event of withdrawal in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days from the withdrawal. If delivery of the ordered product is not possible, the entrepreneur will make every effort to find a substitute item. It will be clearly and understandably indicated at the latest upon delivery that a substitute item will be delivered. In the case of substitute items, the right to withdraw from the contract cannot be excluded. The return shipping costs are borne by the entrepreneur. The risk of damage and/or loss of products shall remain with the entrepreneur until the goods are handed over to the consumer or a designated representative previously announced to the entrepreneur, unless otherwise expressly agreed.
Article 11 - Forward Transactions: Duration, Termination, and Extension
Termination The Consumer may terminate at any time an indefinite-term contract for regular deliveries of products (including electricity) or services, subject to applicable notice and notice period not exceeding one month. The Consumer may terminate a fixed-term contract for regular deliveries of products (including electricity) or services at any time after the expiration of the term of the fixed-term employment contract in accordance with the applicable notice and with a notice period not exceeding one year. month. Consumers may terminate contracts referred to in the preceding paragraphs: terminate them at any time and not be limited to termination within a specified period or at a specified time; end it at least as he finished it; ends always with the same notice period as the entrepreneur set for himself. Extension Contracts concluded for a fixed term for the regular supply of goods (including electricity) or the provision of services cannot be automatically extended or extended for a specified period. Regardless of the preceding paragraph, a fixed-term contract for the regular delivery of daily newspapers and weekly newspapers may be automatically extended for a period not exceeding three months if the consumer terminates this extended contract with notice at the end of the extension. cancel up to one month. A fixed-term contract for the regular supply of goods or services may be automatically extended indefinitely only if the consumer can terminate it at any time with a notice period not exceeding one month and not exceeding the notice period. three months, if the contract concerns the regular delivery of newspapers or magazines, but no less frequently than once a month. A fixed-term contract for the regular delivery of daily newspapers and weekly newspapers and magazines under a trial subscription (trial or introductory subscription) is not automatically continued and ends automatically at the end of the trial or introductory period. Duration In the case of contracts concluded for a period longer than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless considerations of justice and reasonableness prevent the termination of the contract before the agreed period expires.
Article 12 - Payment
Unless agreed otherwise, amounts due to the consumer must be settled within 7 working days from the commencement of the withdrawal period from the contract, as referred to in Article 6(1). In the case of a service contract, this period starts from the moment the consumer receives confirmation of the conclusion of the contract.
The consumer is obliged to promptly notify the entrepreneur of any discrepancies in the provided or mentioned payment details.
If the consumer fails to make payment, the entrepreneur has the right, subject to legal limitations, to issue an invoice for reasonable costs, of which the consumer has been previously notified.
Article 13 - Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified any deficiencies.
Complaints submitted to the entrepreneur will be handled within 14 days from the date of receipt. If the complaint requires a longer period for consideration, the entrepreneur will acknowledge its receipt within 14 days and indicate when the consumer can expect a more detailed response.
If a complaint cannot be resolved amicably, a dispute arises which is subject to dispute resolution procedures.
Submitting a complaint does not suspend the entrepreneur's obligations, unless otherwise stated by the entrepreneur in writing.
If the entrepreneur considers the complaint justified, at their own discretion, they will replace or repair the delivered goods free of charge.
Article 14 - Disputes
For contracts between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad.
Article 15 – Entrepreneur's Identity Company Details
MK E-com
Address Parallelweg 28, 4621 JN Bergen op Zoom
Email addresses: serviceshuve@gmail.com
(KVK) number: 94183910
VAT identification number: NL005070023B24
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