TERMS AND CONDITIONS
General Terms and Conditions webshop Casa Skouzi
These general terms and conditions contain a number of basic rules for us as a web store and for you as a consumer.
Article 1 Definitions
In these general terms and conditions we mean by:
- We: the natural or legal person who offers products and / or services to consumers from a distance; in this case the web store where you made the purchase.
- You: this is you; the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with us.
- Distance contract: an agreement in which only or partly use is made of one or more techniques for distance communication (see no. 4) for the sale of a product, service or digital content up to and including the conclusion of the agreement, for example a order from a webshop, but also telephone or written orders.
- Technology for distance communication: means that can be used to conclude an agreement, without you and we being in the same room at the same time; for example telephone or internet.
- Reflection period: the period within which you can make use of the right of withdrawal.
- Right of withdrawal: your option to cancel the distance contract within the cooling-off period.
- Day: calendar day.
- Duration transaction: a distance contract for a series of products, services or digital content, the delivery and / or purchase obligation of which is spread over time.
- Durable data carrier: any means that you can use to store information that is personally addressed to you, whereby this information can be consulted later and unaltered reproduction of this information is possible, for example a CD-ROM or a USB stick.
- Digital content: data that is produced and delivered in digital form
Article 2 Our identity
Mayor of Dijkesingel 74, 2809 RD, Gouda
Telephone number: 06 84411650 Availability: 08.30 a.m. to 9.00 p.m.
Email address: email@example.com Chamber of Commerce number: 81660154 VAT identification number: Nl003588509B30 Bank account number (IBAN and BIC):
Small business subject to the tax exemption scheme. VAT not applicable.
Article 3 Applicability
- These general terms and conditions apply to every offer from us and to every distance contract concluded between you and us.
- These terms and conditions are available to you prior to entering into the remote agreement. If this is not reasonably possible, it is indicated where and how you can view the general terms and conditions with us. If you wish, we will send you the general terms and conditions free of charge as soon as possible.
- If the distance contract is concluded electronically, we can make these general terms and conditions available to you electronically, other than in the previous paragraph and even before the contract has been concluded. We do this in a way that you can easily store it on a durable data carrier. If this is not reasonably possible, we will indicate where and how you can view these general terms and conditions electronically. If you request it, we will send it to you electronically free of charge as soon as possible
- If specific product or service conditions apply in addition to our general terms and conditions, paragraphs 2 and 3 also apply. If conflicting terms and conditions apply, you can rely on the provision that is most favorable to you.
Article 4 Information
Before you close the purchase, you will receive information from us with which you can properly assess the offer, for example by means of a description and images of the product, the service and / or the digital content that correspond to reality. In addition, you will receive clear information about your rights and obligations, such as:
- the total price to be paid, including, for example, any disposal fee or delivery costs;
- the way in which the agreement is concluded;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the period during which the price or the possibility to accept the offer applies;
- the rates you have to pay if you want to contact us, when this is different from the basic rate;
- the way in which you become aware of actions that you do not want before concluding the agreement, as well as the way in which you can rectify these before the agreement is concluded;
- any languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct that we must adhere to and how you can view these codes of conduct electronically;
- how you can access the data we have stored about you; and
- the minimum duration of the distance contract, if it concerns an extended transaction.
You will receive the following information from us at the latest upon delivery of the product, service or digital content. You will receive this information in writing or in such a way that you can easily store it on a durable data carrier (for example a CD-ROM or a USB stick):
- our visiting address, where you can submit a complaint;
- whether you have a right of withdrawal and, if you have a right of withdrawal, how you can use it;
- information about existing after-sales service and guarantees;
- the information referred to in paragraph 1 above, unless you have already received it prior to the execution of the agreement;
- the conditions for canceling the agreement if it lasts longer than one year or is indefinite;
- if you have a right of withdrawal, the model withdrawal form.
In a long-term transaction, paragraph 2 only applies to the first delivery.
Article 5 Confirmation and security
- As soon as you have placed an order, you will receive an electronic confirmation from us. As long as this has not happened, you can still cancel the purchase by dissolving the agreement (see article 9).
- If you order via the internet, we secure the exchanged data and the online environment. If you pay electronically, we provide appropriate security measures.
- We can investigate whether you can meet your payment obligation and whether you can enter into the distance contract responsibly, as long as we remain within the law. For example, we may check whether you are registered with the Credit Registration Office. If we have good reasons not to enter into the agreement, we may refuse your order or request, with reasons, or attach special conditions to the implementation.
Article 6 Right of withdrawal upon delivery of products
When purchasing products, you have a cooling-off period of at least 14 days.
- The reflection period starts on the day after you have received the product or that it was received by a third party designated by you in advance; or: o a. if you have ordered several products in one order: the day on which you, or a person designated by you – not the carrier – received the last product. If we clearly inform you about this prior to the ordering process, we may refuse an order for several products with different delivery times.
- o if the delivery of a product consists of several shipments or parts: the day on which you or a person designated by you – not the carrier – received the last shipment or the last part;
- o in the case of agreements for regular delivery of products during a certain period: the day on which you received the first product from another person designated by you – not the carrier.
- During the reflection period, you may dissolve the agreement (see article 9 on how to do this).
- During the reflection period, you must handle the product and packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep the product. If you make use of your right of withdrawal, return the product with all accessories supplied and if reasonably possible – in its original condition and packaging. We will inform you how you can do this. This information must be reasonable and clear by law.
- If you make use of your right of withdrawal, you will pay no more than the costs of return.
- We will refund all other costs that you have already paid, including delivery costs, as soon as possible, but no later than 14 days, counted from the day after you have notified the withdrawal. If we do not come to collect the product ourselves, we may withhold refund until we have received the product or that you have demonstrated that the product has been returned. We will refund you at the time that falls first.
Article 7 Right of withdrawal upon delivery of services and digital content that is not supplied on a tangible medium
- When delivering services and digital content that is not supplied on a tangible medium, you have a reflection period of at least 14 days. The reflection period starts on the day after you enter into the agreement. During the reflection period you can cancel the agreement without giving any reason.
- With the offer, or at the latest with the delivery of the service, we will give you information on how you can exercise your right of withdrawal. This information must be reasonable and clear.
- We will refund all costs that you have already paid as soon as possible, but no later than 14 days, counted from the day after you have notified us of the withdrawal.
Article 8 Exclusion of right of withdrawal
Sometimes you do not have a right of withdrawal. We must state this clearly and before the agreement is concluded. It’s about:
- Products or services whose price is dependent on fluctuations in the financial market over which we have no influence and which fluctuations may occur within the withdrawal period;
- Agreements concluded during a public auction. By public auction we mean a sales method in which we offer products, services, and / or digital content to you, while you are personally present or have the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, services and / or digital content;
- Service contracts, after full performance of the service, but only if: 1. the performance has started with your explicit prior consent and
- you have declared that you will lose your right of withdrawal as soon as we have fully performed the agreement;
- Service agreements for the provision of accommodation, if a specific date or period of performance is stated in the agreement and is different than for residential purposes, goods transport, car rental services and catering;
- Package travel as referred to in Article 7: 500 of the Dutch Civil Code and passenger transport agreements;
- Agreements about leisure activities, if the agreement specifies a specific date or period of execution;
- Products manufactured to your specifications, which are not prefabricated and which are manufactured according to your individual choice or decision, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery due to their nature;
- Alcoholic drinks, the price of which was agreed upon at the time of the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which we have no influence;
- Sealed audio, video recordings and computer software of which you have broken the seal;
- Individual newspapers and magazines with the exception of subscriptions to this;
- The delivery of digital content other than on a tangible medium, but only if: 1. the performance has started with your explicit prior consent; and
- you have declared that you thereby lose your right of withdrawal.
Article 9 Termination by revocation
- You can dissolve the agreement free of charge within the cooling-off period and even if you have not yet received the order (see article 6 for products, article 7 for services and / or digital content and article 8 for possible exceptions).
- To use the right of withdrawal, you must notify us of the withdrawal. This can be done by means of the model withdrawal form or in another unambiguous manner.
- If we enable the notification of withdrawal by you electronically, we will immediately send a confirmation of receipt upon receipt of this notification.
- We may ask you for the reason for the withdrawal, but you do not need to provide this.
- You must return the product to us as soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, or hand it over to (an authorized representative of) us. This is not necessary if we have offered to collect the product ourselves. In any case, you have complied with the return period if you return the product before the reflection period has expired.
- You return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
- You pay the direct costs of returning the product. If we have not stated that you have to bear these costs, or if we indicate that we will bear the costs ourselves, you do not have to pay the costs for return.
- If you cancel after having first explicitly requested that the performance of the service begin during the cooling-off period, you owe us an amount that is proportional to that part of the service that we performed at the time of withdrawal, compared to the full performance. of the service.
- You do not bear any costs for the performance of services if:
- a. we have not provided you with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;
- b. you have not explicitly requested the start of the performance of the service during the reflection period.
- You do not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if :.
- prior to delivery, you have not expressly agreed to commence compliance with the agreement before the end of the reflection period; .
- you have not acknowledged that you lose your right of withdrawal when giving your consent; or .
- we have failed to confirm this statement from you.
- If you make use of your right of withdrawal, all additional agreements will be dissolved by operation of law.
- We use the same payment method for reimbursement that you used, unless you agree to a different method. The reimbursement is free of charge for you. .
- If you have opted for a more expensive method of delivery than the cheapest standard delivery, we do not need to refund the additional costs for the more expensive method.
Article 10 The price
- We are not allowed to increase the price of the service or product offered during the period of validity stated in the offer, except as a result of changes in VAT rates.
- Contrary to the previous paragraph, we can offer products or services whose prices are subject to fluctuations in the financial market and over which we have no influence, at variable prices. In the offer we will state this link to fluctuations and the fact that any stated prices are target prices.
- We may only increase the price within 3 months after the conclusion of the agreement if the increase is the result of statutory regulations or provisions.
- We may only increase the price from 3 months after the conclusion of the agreement if we have stipulated this prior to the conclusion of the agreement and: 1. the price increase is the result of statutory regulations or provisions; or
- you can cancel the agreement on the day on which the price increase takes effect.
- All prices include VAT.
Article 11 Conformity and warranty
- We guarantee that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or
government regulations. We also guarantee other than normal use, if you have agreed this with us.
- We, a manufacturer or an importer can offer you a guarantee scheme. This scheme does not affect the rights and claims you have in the event of a failure to fulfill our obligations under the law and / or the distance contract.
Article 12 Delivery and execution
- We take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is based on the address you provide us with.
- We execute accepted orders urgently, within 30 days at the latest, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or only partially executed, you will receive this no later than one month after the
placing the order message. In that case you have the right to terminate the agreement without costs and you are entitled to possible compensation.
- In case of dissolution on the basis of the previous paragraph, we will immediately refund the amount you have paid.
- The risk of damage and / or loss of products lies with us until the moment of delivery to you or a pre-designated and announced representative, unless expressly agreed otherwise.
Article 13 Duration transactions: cancellation, extension and duration
- You can terminate an agreement for an indefinite period and which concerns an extended transaction at any time, as long as you adhere to the agreed cancellation rules and with a notice period of no more than one month.
- You can cancel a fixed-term contract that concerns a length transaction at any time by the end of the fixed term, as long as you adhere to the agreed cancellation rules and with a notice period of no more than one month.
- You can cancel the agreements from paragraphs 1 and 2 of this article: o – at any time and not be limited to termination at a specific time or during a specific period;
- always cancel with the same notice period as we have indicated for ourselves. Elongation:
- 4. A contract for a definite period and which concerns an extended transaction may not be tacitly extended or renewed for a fixed duration. 5. Notwithstanding the previous paragraph, a contract for a definite period and which concerns long-term transactions for daily news and weekly newspapers and magazines may be tacitly renewed for a fixed can cancel extension with a notice period of no more than one month. 6. A contract for a definite period and which concerns a length transaction may only be tacitly renewed for an indefinite period if you can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months.
when it concerns an agreement for the delivery of daily, news and weekly newspapers delivered less than once a month.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement lasts longer than one year, you may cancel the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose the termination before the end of the agreed term.
Article 14 Payment
- Unless otherwise agreed, you must pay the amounts due within 14 days from the day after the start of the reflection period. In the event that different products from one order are delivered at different times, the payment term starts after delivery of the last product. In the case of an agreement to provide a service, you must pay within 14 days of receiving our confirmation of the agreement. If you do not have a cooling-off period, you must pay within 14 days from the day after the conclusion of the agreement.
- In the case of a distance purchase, general terms and conditions may never require a prepayment of more than 50% and that, unless otherwise agreed, you pay (the rest of) the purchase price upon delivery of the order or after the providing a service.
- You have the duty to immediately report inaccuracies in provided or stated payment details to us.
- If you do not pay (on time), we have the right to charge you the reasonable extrajudicial collection costs made known to you in advance. The amount of these costs is legally capped. We can deviate from this in your favor.
Article 15 Complaints procedure
- We have a complaints procedure that is sufficiently known and will handle your complaint as described in this complaints procedure.
- Complaints about the performance of the agreement must be submitted to us promptly, fully and clearly described, after you have discovered the defects.
- The submitted complaints will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will reply within 14 days with a notice of receipt and an indication when you can expect a more detailed answer.
- If you have a complaint, you can always report it to the European ODR platform via http://ec.europa.eu/odr
Article 16 Intellectual property
As a consumer, you expressly acknowledge that all intellectual property rights of the information, communications or other expressions displayed with regard to the products and / or with regard to the internet site lie with us, our suppliers or other entitled parties.
Article 17 Personal data
Article 18 Applicable law and competent court
All our offers, the agreements between you and us and the implementation thereof are exclusively governed by Dutch law.
Article 19 Links on our website may contain third party advertisements or links to other sites. We have no influence on the privacy policies of these third parties or their sites and we are not responsible for them.
Article 20 Your data
You can always ask us by e-mail which of your data will be processed. You can also ask us by e-mail to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive information, please let us know. Information will only be sent if you have provided your e-mail address.
Article 21 Additional or different terms
Additional provisions or provisions that deviate from these general terms and conditions may not disadvantage you. These provisions must be recorded in writing or be available in such a way that you can store them in an accessible manner on a durable data carrier.
Article 22 Changes to General Terms and Conditions
- Changes to these general terms and conditions will only take effect after they have been published in an appropriate manner. In case of applicable changes during the term of an offer, the provisions that are most favorable to you will prevail.