Condiciones Generales

 

TERMS OF SERVICE

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OVERVIEW

Article 1 - Definitions

For the purposes of these terms and conditions, the
term 'Cooling-off Period' means the period within which the consumer may exercise his or her right of withdrawal; '
Consumer ' means a natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader; '
Day ' means a calendar day;
'Duration Transaction ' means a distance contract relating to a series of products and/or services,
the delivery and/or purchase of which is spread over time; '
Durable Data Medium ' means any medium enabling the consumer or trader to store information addressed to him or her personally in a manner that allows future consultation and unaltered reproduction of the stored information. '
Right of withdrawal ' means the consumer's possibility of withdrawing from the distance contract within the cooling-off period;
'Entrepreneur ' means a natural or legal person who offers products and/or services to consumers at a distance;
Distance contract : an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more distance communication techniques up to and including the conclusion of the contract;
Distance communication technique : a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time. General
Terms and Conditions  : these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Email address: legalnoticelvd@gmail.com
Chamber of Commerce number: 91426561
Btw: NL004890569B60

Article 3 - Applicability

These general terms and conditions apply to all offers from the entrepreneur and to
all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be 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 consulted at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, contrary to the provisions of the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored easily on a durable data medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or by other means free of charge upon request by the consumer.
If, in addition to these General Terms and Conditions, product- or service-specific conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of a conflict between the General Terms and Conditions, the consumer may always rely on the applicable provision that is most favorable to them.
Should one or more provisions of these General Terms and Conditions be wholly or partially void or invalid at any time, the contract and these General Terms and Conditions shall otherwise remain in force, and the provision in question shall be replaced without delay and by mutual agreement by a provision that most closely resembles the original.
Situations not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
Questions regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow
the consumer to adequately evaluate the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations arise from accepting the offer. This refers in particular to
the price, excluding customs clearance costs and import VAT. These additional costs will be borne and at the customer's risk. The postal and/or courier service will use the special import regime for postal and courier services. This regime applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (along with any customs clearance fees, whether charged or not) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and the necessary actions for this purpose;
whether the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the deadline for accepting the offer, or the period within which the trader guarantees the price;
the level of the distance communication fee if the costs of using the distance communication technique are calculated on a basis other than the usual basic rate for the communication medium used;
whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check the data he has provided within the scope of the contract and
can check and, if desired, correct the data he has provided within the scope of the contract
the languages other than Dutch in which the contract can be concluded
The codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a fixed-term transaction. Optional: available sizes, colors, and types of materials.

Article 5 - The Agreement

Without prejudice to paragraph 4, the agreement comes into force when the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may—within the legal framework—inquire whether the consumer can meet his or her payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the trader has substantial grounds for not concluding the agreement, he or she has the right to refuse an order or request or to impose special conditions for performance, stating the reasons.
The entrepreneur shall include the following information with the product or service to the consumer, in writing or in a form that can be stored by the consumer in an accessible manner on a durable data medium:

1. the address of the business establishment to which the consumer may contact to lodge complaints;
2. the conditions and manner in which the consumer may exercise the right of withdrawal, or
   a clear statement regarding the exclusion of the right of withdrawal
3. information on existing warranties and after-sales services;
4. the data included in section 3 of article 4 of these conditions, unless the trader has already provided these data to the consumer
   before the execution of the contract;

5. The conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision of the preceding paragraph applies only to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the corresponding products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
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 keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must notify this in writing or by email. Once the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by means of a shipping receipt.
If the customer has not expressed their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur within the time limits mentioned in sections 2 and 3, the purchase is a fact.

Article 7 - Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by them.
If the consumer has paid an amount, the entrepreneur will reimburse them as soon as possible, but no later than within 14 days of revocation. This is subject to the condition that the product has already been returned by the entrepreneur or conclusive evidence of the complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal in the case of the products described 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 sufficiently in advance of the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products

1. that have been created by the entrepreneur according to the consumer's specifications;
2. that have a clearly personal character
3. that cannot be returned due to their nature
4. that they spoil or age quickly
5. whose price is subject to fluctuations in the financial market beyond the control of the Entrepreneur;
6. for individual newspapers and magazines
7. for audio and video recordings and computer programs whose seal has been broken by the consumer.
8. Hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for services

1. relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
2. whose delivery has begun with the express consent of the consumer before the expiry of the withdrawal period;
3. relating to betting and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the Entrepreneur's control, with variable prices. This relationship to fluctuations and the fact that the prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of regulations or legal provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the Entrepreneur has stipulated it and:

1. are the result of regulations or legal stipulations; or
2. The consumer is entitled to terminate the contract on the day the price increase takes effect
   .

Pursuant to Section 5(1) of the Turnover Tax Act of 1968, delivery takes place in the country where transport begins. In this case, this delivery takes place outside the EU. The postal or courier service will then charge the customer the import VAT or customs clearance fees. Consequently, the entrepreneur will not charge any VAT.
All prices are subject to printing errors. No liability is assumed for the consequences of printing errors and typographical errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or ease of use, and the legal provisions and/or government regulations in force at the date of the contract. If so agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty offered by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the agreement.
Any defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the factory warranty period. However, the trader is under no circumstances responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by a third party;
the delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or contrary to the entrepreneur's instructions and/or packaging;
the defect is wholly or partially the result of government regulations that have been or will be established regarding the nature or quality of the materials used.

Article 11 - Delivery and Performance

The entrepreneur shall take the greatest possible care in receiving and executing product orders.
Without prejudice to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously and at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer shall be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement free of charge and is entitled to any damages.
In the event of dissolution in accordance with the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to provide a replacement item. No later than at the time of delivery, it shall be clearly and comprehensibly indicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipments will be borne by the entrepreneur.
The risk of damage and/or loss of the products remains with the entrepreneur until delivery to the consumer or a previously designated representative notified by the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration of Transactions: Duration, Termination, and Extension

Termination
The consumer may terminate a permanent contract concluded for
the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
terminate them at any time and not be limited to termination at a specific time or period;
terminate them at least in the same manner in which they were entered into; always terminate them with the same notice period that the
entrepreneur has stipulated for himself. Extension: A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period. Notwithstanding the provisions of the preceding paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can terminate this renewed contract towards the end of the renewal period by giving no more than one month's notice. A fixed-term contract concluded for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time by giving no more than one month's notice, and by giving no more than three months' notice if the contract relates to the regular, but less monthly, supply of daily or weekly newspapers and magazines. A limited-term contract for the regular supply of daily magazines (trial or introductory subscription) is not automatically extended and ends automatically after the trial or introductory period. Duration: If a contract lasts for more than one year, the consumer may terminate the contract at any time after one year by giving up to one month's notice, unless it is reasonable and fair to oppose termination before the end of the agreed term. 

Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 (1). In the case of a service agreement, this period begins once the consumer has received confirmation of the agreement.
The
consumer has the obligation to immediately inform the entrepreneur of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints Procedure

Complaints regarding the implementation of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint foreseeably requires a longer processing period, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur considers a complaint to be valid, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

In agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies, even if the consumer resides abroad.