Terms and Conditions

 

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Compliance and Warranty

Article 11 – Delivery and execution

Article 12 – Duration Transactions: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints

Article 15 – Disputes

Article 16 – Additional or different terms

 

Article 1 – Definitions

In these terms and conditions shall apply:

1 period: the period within which the consumer can exercise his right of withdrawal;

2 Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;

3 Day: calendar;

4 Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;

  1. Durable medium: any means that the consumer or business that enables information that is addressed to him personally, to store in a way that future consultation and unaltered reproduction of the stored information.

6 Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off;

Form 7 Model: the model withdrawal form that the entrepreneur makes available a consumer can fill if he wants to make of his right of withdrawal.

8 Entrepreneur: the natural or legal products and / or remote services and consumer services;

9 Distance contract means an agreement made in the framework of a system organized by the Entrepreneur for distance sale of products and / or services until the conclusion of the agreement exclusive use of one or more communication techniques distance;

10 Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.

11 General Conditions: the General Conditions of the entrepreneur.

 

Article 2 – Identity of the entrepreneur

  1. Alain Stout;

Kalmoesstraat 44, 3193 SE

Hoogvliet Rotterdam;

The Netherlands

Phone: + 316-81276072 accessible on weekdays between 9:00 and 17:00

Email: info@alainstout.com

Chamber of Commerce number: 57737126

VAT identification number: NL049184192B01

 

Article 3 – Applicability

1 These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and orders between businesses and consumers.

2 Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge on request of the consumer

3 If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions are set in such a way that the consumer has to electronically consumers can be stored on a durable medium. in a simple way If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions can be taken and that electronically or otherwise will be sent free of charge. Request of the consumer electronically

4 In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him This is the most favorable.

  1. If one or more provisions of these terms and conditions at any time wholly or partially invalid or destroyed, it remains the agreement and these conditions will remain in force and the provision will be replaced immediately by mutual agreement a provision that the intent of the original as much as possible approached.

6 Situations that are not covered by these terms and conditions should be reviewed “to the spirit of these terms and conditions.

7 Uncertainties regarding the interpretation or content of one or more provisions of these conditions should be “to the spirit of these terms and conditions. Explained

 

Article 4 – The offer

1 If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

2 The offer is non-binding. The entrepreneur is entitled to change the offer and adapt.

3 The offer contains a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.

4 All drawings, specifications information in the offer are indicative and may not lead to damages or rescission of the contract.

  1. Images for products are a true representation of the products offered. Entrepreneur can not guarantee that the colors displayed exactly match the actual colors of the products.

6 Each offer contains such information that is clear to the consumer what rights and obligations which are attached. To the acceptance of the offer This concerns in particular:

o the price including taxes;

o the cost of shipment;

o how the agreement will be achieved and what actions are required;

o whether or not to apply the right of withdrawal;

o the method of payment, delivery or performance of the contract;

o The deadline for accepting the offer, or the deadline for adhering to the price;

o the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate of communication;

o whether the agreement after the adoption is filed, and if so, how this can be accessed by the consumer;

o the way the consumer before the conclusion of the contract, the information provided by him under the agreement can check and repair if required;

o any other languages, including Dutch, the contract can be concluded;

o the conduct to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and

o The minimum duration of the distance contract in the event of an extended transaction.

Optional: available sizes, colors, types of materials.

 

Article 5 – The contract

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 the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, 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 transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.

4 The entrepreneur can – inform or can meet, as well as all facts and factors that are important for the responsible conclusion of the distance contract the consumer to fulfill his payment – within the law. If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or request or to the implementation. Specific conditions

  1. entrepreneur will the product or service to the consumer the following information in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
  2. the address of the establishment of the business where the consumer can lodge complaints;
  3. the conditions and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
  4. information on guarantees and after sales service existing;
  5. recognized in Article 4 paragraph 3 of these conditions, unless the trader has provided before the execution of the agreement, this information to the consumer;
  6. the requirements for terminating the contract, if the contract has a duration of more than one year or is indefinite.

6 In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.

7 Each agreement is concluded under the suspensive conditions of sufficient availability of the products.

 

Article 6 – Right of withdrawal

When delivering products:

1 When purchasing products, the consumer can cancel the contract without giving any reason within 14 days. This period starts on the day following receipt of the product by the consumer or designated in advance by the consumer and the entrepreneur announced representative.

2 During the period the consumer will treat the product and packaging. He will only unpack the product to the extent of use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will be the product with all accessories and – returned in the original condition and packaging to the Entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur – if reasonably possible.

3 If the consumer wishes to exercise his right of withdrawal, he is required to make to the entrepreneur. Within 14 days after receiving the product, known Should make known to do through the standard form. Consumers After the consumer has expressed a wish to exercise his right of withdrawal used, the customer must send the product. Within 14 days return The consumer must prove that the goods have been returned, for example by means of a proof of posting time.

4 If the customer after the expiry of the periods referred to in paragraphs 2 and 3 did not wish to exercise his right resp. Used known the product has not returned to the operator, the purchase is a fact.

When providing services:

  1. With the delivery of services, the consumer can cancel the contract without giving any reason to dissolve for at least 14 days, commencing on the date of entering into the contract.

6 To the right of withdrawal, the consumer focus to the trader to supply and / or before the relevant provision 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 returning the goods.

2 If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after cancellation, refund. This is the condition that the product has been received back by the merchant or conclusive evidence of complete return can be submitted.

 

Article 8 – Exclusion of right of withdrawal

1 The operator may exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3, the exclusion of the right of withdrawal is only valid if the trader to conclude the agreement stated. Clearly in the offer, at least in time

2 Exclusion of the right of withdrawal is only possible for products:

a which have been made to the consumer’s specifications by the contractor.;

  1. that are clearly personal in nature;
  2. that can not be returned due to their nature;
  3. which can quickly deteriorate or expire;
  4. whose price depends on fluctuations in the financial market over which the trader has no influence;
  5. for individual newspapers and magazines;
  6. for audio and video recordings and computer software of which the consumer has broken the seal.
  7. hygienic products for which the consumer has broken the seal.

3 Exclusion of the right of withdrawal is only possible for services:

  1. carry on a certain date or during a specified period on accommodation, transport, catering or leisure;
  2. the supply with the express consent of the consumer, before the period has expired;
  3. betting and lotteries.

 

Article 9 – The 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 VAT rates.

2 Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are 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 legislation or regulations.

4 Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:

  1. they are the result of legislation or regulations; or
  2. the consumer has the power to terminate as of the date the increase takes effect.
  3. in the provision of products or services mentioned prices include VAT.

6 All prices are subject to pressure – and typesetting errors. For the impact of pressure – errors no liability is accepted. With pressure – errors the company is not obliged to deliver the product according to the erroneous price.

 

Article 10 – Compliance and Warranty

1 The company guarantees that the products and / or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and existing legal on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.

2 A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert. Under the contract against the trader

3 Any defects or faulty deliveries must be reported in writing. Within 7 days after delivery to the entrepreneur Return of goods must be in original packaging and in new condition.

4 The guarantee of the entrepreneur is consistent with the manufacturer’s warranty period. The entrepreneur is, however, not responsible for the ultimate suitability of the products for each individual application by the oncusment, nor for any advice regarding the use or application of the products.

  1. guarantee does not apply if:

o The consumer products supplied has repaired and / or modified or repaired by third parties and / or editing;

o The products supplied have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the employer and / or treated on the packaging;

o The defective in whole or in part is due to regulations that the government has made or will make regarding the nature or quality of the materials used.

 

Article 11 – Delivery and execution

  1. It will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2 The place of delivery is the address that the consumer has made to the company. Known

3 Subject to what is stated in Article 4 of these terms and conditions, the company will implement accepted orders expeditiously but not later than within 30 days, unless consumer has gone with a longer delivery time. Agreement If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.

4 In case of dissolution in accordance with the previous paragraph, the trader will refund the consumer as soon as possible, payable within 14 days after the dissolution.

  1. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item available. Before the delivery will be that a replacement item is delivered. Clear and understandable manner For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.

6 The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

 

Article 12 – Duration Transactions: duration, termination and renewal

termination

1 The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, withdraw in compliance with the applicable termination rules and a notice of one month.

2 The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.

  1. Consumers can the agreements mentioned in the preceding paragraphs:

o Cancel at any time and not be limited to termination at a specific time or during a specific period;

o terminate them in the same way as they are concluded;

o Cancel at the same notice as the company has negotiated for itself.

extension

4 A contract is concluded for a definite period, which extends to the regular delivery of products (including electricity) or services should not be tacitly renewed or extended for a specific period.

  1. Notwithstanding the preceding paragraph, a contract is concluded for a definite period, which extends to the regular supply of daily and weekly newspapers and magazines may be renewed for a fixed period of up to three months, if the consumer extended tacitly agreement by the end of the extension may terminate with notice of one month.

6 A contract concluded for a definite period, which extends to the regular delivery of products or services may be extended if the consumer may terminate with notice of one month at any time for an indefinite period only tacitly and a notice of maximum of three months in case the agreement extends to the regular, but less than once a month, delivering newspapers, weeklies and magazines.

7 An agreement with a limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) is not tacitly continued ends automatically after the trial or introductory.

duration

8 If a contract has a duration of more than one year, the consumer may cancel the contract after a year at any time with a notice not exceeding one month, unless the reasonableness and fairness the termination before the end of the agreed term resist.

 

Article 13 – Payment

1 Unless otherwise agreed, the amounts owed by the consumer to be paid within 7 days after the start of the cooling period referred to in Article 6, paragraph 1 In the case of a contract to provide a service, it captures term after receiving the consumer. confirmation of the agreement

2 The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the trader

3 In the event of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known

 

Article 14 – Complaints

1 The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.

2 Complaints about the implementation of the agreement must be submitted to the entrepreneur, after the consumer has found the defects. Described within 7 days complete and clear

Complaints submitted to the trader will be counted 3 answers from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and indicating when the consumer can expect. A more detailed answer

4 If the complaint can not be resolved by mutual agreement, a dispute that is subject to the dispute.

5 Complaints that can not be resolved by mutual agreement, the consumer to turn to Foundation Webwinkelkeur (www.webwinkelkeur.nl) it will mediate for free. Then should there not yet come to a solution, the consumer has the opportunity to treat his complaint Foundation Dispute Online pronunciation of this is binding and both entrepreneurs and consumers agree with this binding ruling. Are costs associated with the submission of a dispute to the arbitration board to be on that committee. Paid by the consumer

6 A complaint does not suspend the obligations of the employer, unless the trader indicates otherwise in writing.

7 If a complaint is found by the entrepreneur, founded the trader will at its option or the products delivered free of charge replacement or repair.

 

Article 15 – Disputes

  1. agreements between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is resident abroad.

2 The CISG does not apply.

 

Article 16 – Additional or different terms

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner