Table of Contents:
Article 2-Identity of the trader
Article 4-The Offer
Article 5-The Agreement
Article 6-Right of withdrawal
Article 7-Consumer obligations during the reflection period
Article 8-Exercise of the right of withdrawal by the consumer and costs thereof
Article 9-Obligations of the trader in the case of revocation
Article 10-Exclusion of right of withdrawal
Article 11-The price
Article 12-Performance and additional guarantee
Article 13-Delivery and execution
Article 15-Complaints procedure
Article 17-Additional or different provisions
In these terms and conditions the following definitions apply:
- Additional Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a contract and these products, digital content and/or services are provided by the entrepreneur or by a Third party on the basis of an appointment between that third person and the trader;
- Period of Reflection: The term within which the consumer can make use of his right of withdrawal;
- Consumer: The natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital Content: Data produced and delivered in digital form;
- Duration Agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a certain period;
- Durable data carrier: Any tool – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows future consultation or use over a period that is aligned with the purpose For which the information is intended and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to refrain from the contract within the period of reflection;
- Entrepreneur: The natural or legal person offering products, (access to) digital content and/or remote services to consumers;
- Distance contract: An agreement concluded between the trader and the consumer within the framework of an organized system for the marketing of products at a distance, digital content and/or services, with the conclusion of the agreement solely or partly Use of one or more techniques for communication at a distance ;
- Model Revocation Form: the European Standard withdrawal form set Out In Annex I to these conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
- Technology for communication at a distance: means that can be used to conclude an agreement, without the consumer and the entrepreneur having to come together in the same room at the same time.
Article 2-Identity of the trader
Pepijn Witte (Ronker Design);
Address: Kuithanstrasse 100, 44137, Dortmund, Germany;
Telephone Number: + 49 160 966 77 653;
E-mail Address: firstname.lastname@example.org
Company Number: Not applicable
Vat Identification Number: DE301473325
Article 3 – Applicability
- These general terms and conditions apply to any offer by the trader and to any distance contract concluded between the trader and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions can be seen by the trader and that, at the request of the consumer, they will be sent, free of charge, as soon as possible.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means In such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken by electronic means and that, at the request of the consumer, they may be notified by electronic means or otherwise be sent free of charge.
- In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply and the consumer may, in the event of conflicting conditions, always invoke the applicable provision which is most favourable to him.
Article 4 – The Offer
- If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
- The offer contains a complete and accurate description of the products offered, digital content and/or services. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
- Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
Article 5 – The Agreement
- The agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions laid down.
- If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can rescind the agreement.
- If the contract is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety measures to that end.
- The trader may, within statutory frameworks, inform whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for a responsible engagement of the distance contract. If, on the basis of this investigation, the trader has good grounds for failing to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The trader shall send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner, at the latest upon delivery of the product, service or digital content:
- The visiting address of the establishment of the trader to which the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can avail themselves of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information on warranties and existing after-sales service;
- The price including all taxes of the product, service or digital content; where applicable, the cost of delivery; And the method of payment, delivery or execution of the distance contract;
- The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
- If the consumer has a right of withdrawal, the model withdrawal form.
- In the case of an ongoing transaction, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
- The consumer may dissolve an agreement with regard to the purchase of a product for a period of reflection of at least 14 days without giving reasons. The trader may ask the consumer for the reason for revocation, but do not oblige them to submit their reason (s).
- The period of reflection referred to in paragraph 1 shall be the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
- If the consumer has ordered several products in the same order: the day on which the consumer, or a third party appointed by him, has received the last product. The trader may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or the last item;
- In the case of contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, has received the first product.
Article 7 – Obligations of the consumer during the reflection period
- During the reflection period, the consumer will carefully handle the product and the packaging. It shall only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point is that the consumer can only use the product and inspect it as it should be in a shop.
- The consumer shall only be liable for the impairment of the product resulting from a way of handling the product which goes beyond that permitted in paragraph 1.
- The consumer shall not be liable for any depreciation of the product if the trader has not provided him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he shall report it within the period of reflection by means of the model revocation form or in other unambiguous manner to the trader.
- As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the trader. This is not necessary if the trader has offered to pick up the product itself. The consumer has in any case taken into account the retransmission period if he returns the product before the period of reflection has elapsed.
- The consumer shall return the product with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct cost of returning the product. If the trader has not reported that the consumer must bear these costs or if the trader indicates the costs themselves, the consumer does not have to bear the costs of returning the goods.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved automatically.
Article 9 – Obligations of the trader in the case of revocation
- If the trader makes the notification of withdrawal by the consumer electronically possible, he shall immediately send an acknowledgement of receipt upon receipt of this notification.
- The trader shall compensate all payments of the consumer, including any delivery costs incurred by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with a refund until he has received the product or demonstrates to the consumer that he has returned the product, whichever is the later.
- The Trader uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 – Exclusion of right of withdrawal
The Trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in time for the conclusion of the contract:
- Products or services The price of which is subject to fluctuations in the financial market to which the trader has no influence and which may arise within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction , under the guidance of a auctioneer, and in which the successful bidder is obliged to take out the products, digital content and/or services;
- Services contracts, after full implementation of the service, but only if:
- The implementation has begun with explicit prior consent of the consumer; And
- The consumer has declared that he loses his right of withdrawal once the trader has fully executed the contract;
- Package travel as referred to in article 7:500 BW and agreements of passenger transport;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of execution and other than for residential purposes, carriage of goods, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period of implementation;
- Products manufactured According To consumer specifications which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or are clearly intended for a specific person;
- Products that quickly spoil or have a limited shelf life;
- Sealed products which, for reasons of health protection or hygiene, are not suitable for redispatch and whose sealing has been broken after delivery;
- Products which, after delivery, are irrevocably mixed with other products;
- Alcoholic beverages The price of which has been agreed upon when the contract is concluded, but whose delivery can only take place after 30 days, and whose real value depends on fluctuations in the market on which the trader does not influence;
- Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a material medium, but only if:
- The implementation has begun with explicit prior consent of the consumer; And
- The consumer has stated that he is losing his right of withdrawal.
Article 11 – The price
- The prices quoted in the offer of products include VAT when so stated.
Article 12 – Compliance Agreement and additional warranty
- The trader insists that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing on the date of the conclusion of the agreement legal provisions and/or government regulations. If agreed, the trader will also ensure that the product is suitable for other than normal use.
- An additional guarantee provided by the trader, his supplier, manufacturer or importer shall never limit the statutory rights and claims which the consumer may assert against the trader on the basis of the contract if the trader is Serious misconduct in the fulfillment of its part of the agreement.
- An additional guarantee shall mean any undertaking by the trader, its supplier, importer or producer in which it grants to the consumer certain rights or claims which go beyond what is legally required in the event he is Serious misconduct in the fulfilment of its part of the agreement.
Article 13 – Delivery and execution
- The entrepreneur will observe the utmost care when receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery shall be the address which the consumer has made known to the trader.
- In accordance With the provisions of article 4 of these general terms and conditions, the trader will carry out accepted orders with due urgency but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or only partially completed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without any costs and the right to compensation.
- After dissolution in accordance with the previous paragraph, the trader will repay the amount paid by the consumer without delay.
- The risk of damage and/or loss of products Is vested in the entrepreneur until the moment of delivery to the consumer or a representative appointed and announced to the trader, unless expressly agreed otherwise.
Article 1 4 – Payment
- Unless otherwise provided in the Agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the date of the reflection period, or in the absence of a reflection period within 14 days after the Conclusion of the agreement. In the event of an agreement to provide a service, this period shall commence on the day after the consumer has received the confirmation of the agreement.
- In the sale of products to consumers, in general terms and conditions, consumers must never be obliged to pay in advance of more than 50%. Where Advance payment is stipulated, the consumer shall not be entitled to assert any right in respect of the execution of the order or service (s) in question before the stipulated advance payment has been made.
- The consumer has a duty to notify the trader without delay of any inaccuracies in the payment information provided or stated.
- If the consumer does not meet his payment obligation (s) in good time, after he has been informed by the trader of the late payment and the trader has awarded the consumer a period of 14 days in order to continue his payment obligations After the failure to pay within this 14-day term, the amount still due shall be payable by the statutory interest and the trader is entitled to charge the extrajudicial collection costs incurred by him. This Collection fee amounts to: 15 over outstanding amounts up to €2,500, =; 10 over the following €2,500, = and 5 over the next €5,000, = with a minimum of €40, =. The trader may derogate from the said amounts and percentages for the benefit of the consumer.
Article 1 5 – Complaints System
- The entrepreneur has a sufficiently well-publicised complaints procedure and treats the complaint in accordance with this complaint procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly defined time after the consumer has found the defects.
- Complaints submitted to the trader shall 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 reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- In any event, The consumer should give the trader 4 weeks to resolve the complaint by mutual agreement. After This period, a dispute arises which is susceptible to the dispute settlement.
Article 1 6 – Litigation
- Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
Article 1 7 – Additional or different provisions
Additional provisions or derogations from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be accessed by the consumer in an accessible manner Stored on a durable data medium.
Annex I: Model Revocation form:
Model Revocation Form
(Fill out and return this form only when you want to revoke the agreement)
- To: [Entrepreneur name]
[Geographical address of the entrepreneur]
[Fax number entrepreneur, if available]
[Email address or electronic address of entrepreneur]
- I/We * Part/share * You hereby that I/we * share our agreement on
The sale of the following products: [aanduiding product]*
The delivery of the following digital content: [aanduiding digitale inhoud]*
The operation of the following service: [aanduiding dienst]*,
- Ordered on */received * [datum bestelling bij diensten of ontvangst bij producten]
- [Name of consumers]
- [Address consumer (s)]
- [Signature consumer (s)] (only when this form is submitted on paper)
* Delete what does not apply or fill in what is applicable.