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 - Extended 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 conditions, the following definitions apply:
Additional agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an agreement between the third party and the trader;
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of profession, trade or business and enter into a contract with the entrepreneur;
Day: calendar day;
Digital content means data which are produced and supplied in digital form;
Transaction Duration: an agreement with regard to a series of products and / or services, which the delivery and / or purchase is spread in time;
Durable medium: any (help) means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information, including e-mail.
Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
Standard form: the form of withdrawal to the trader to the consumer is made available and can be filled in by the consumer if he wants to use his right of withdrawal;
Entrepreneur: the natural or legal products and / or (access to) digital content and / or remote services to the consumer;
Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more techniques for remote communication with the consumer;
Technique for distance communication: a means that can be used for the conclusion of a contract at a distance, without the consumer and trader at the same time in the same space together are;
Conditions: the General Conditions of the entrepreneur.Â
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
on request
ARTICLE 3 - Applicability
- These terms and conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts between businesses and consumers.
- Before the agreement is concluded, the text of these general conditions to the consumer is made available. If this is not reasonably possible, before the contract is concluded, is that the general conditions are shown in to the entrepreneur, how they are seen in too and that these terms and conditions at the consumer's request as soon may be sent free of charge.
- If the remote agreement is electronically concluded, in deviation from the previous paragraph before the remote agreement, the text of these General Terms and Conditions can be made available to the consumer by electronic means in such a way that it is provided by the consumer to one Easy way can be stored on a sustainable data carrier. If this is reasonably possible, before the remote agreement is concluded, it will be specified where the general terms and conditions can be taken by electronic means and that they will be sent electronically or in other ways at the request of the consumer.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph of corresponding application and consumers can always rely on the applicable provision in the event of conflicting general terms and conditions that are most favorable for him is.
- In the event that one or more provisions in these general terms and conditions are clearly or partially declared or destroyed at any time, these General Terms and Conditions will remain in place and the annulled or invalid provision in question will be replaced by mutual consultation without delay by A provision that the scope of the original approaches as much as possible.
- Situations that are not regulated in these General Terms and Conditions should be assessed to these General Terms and Conditions.
- Ambalculation on the explanation or content of one or more provisions of our conditions must be explained to these general terms and conditions.
Article 4 - The offer
- If an offer has a validity of limited time span or under conditions with suspensive or resolutive effect, or any other condition, this is emphatically stated in the supply.
- The offer from the entrepreneur is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The supply of the entrepreneur contains a description of the products and / or services offered, which is complete and accurate at all times. The offer includes a sufficiently detailed description to make a good assessment of the offer by consumers possible. If the entrepreneur makes use of any images that imply that these images show the product offered, then these are a truthful representation of the products and / or services offered. Apparent errors or apparent errors in the range cannot bind the entrepreneur.
- Images of products are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
- Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This is in the
Special:
- The price including taxes;
- the possible costs of shipment;
- The way in which the agreement will be established and what acts are necessary for this;
- whether or not the amount of remote communication if the costs of using the engineering technique are calculated remotely to a basis other than the regular basic rate for the means of communication;
- whether the agreement is archived after the creation, and if so how to consult it for consumers;
- The minimum duration of the remote agreement in the event of a duration transaction.
- apply to the right of withdrawal;
- the method of payment, delivery and implementation of the agreement;
Article 5 - The agreement
- The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and compliance with the conditions laid down.
- In the event that the consumer has accepted the supply by electronic means, the entrepreneur will immediately provide the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- If the agreement is established electronically, the entrepreneur takes appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures to this.
- Within legal framework, the entrepreneur may notify whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a renewable assignment of the remote agreement. If the entrepreneur has good grounds on the basis of this investigation to do not meet the agreement, it is entitled to refuse a reasoned order or application or to attach special conditions to implementation.
- The entrepreneur will 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 on a sustainable data carrier, sending, at the latest when delivery of the product or service or digital content:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price, including the taxes, the product, service or digital content;
- the cost of delivery, where applicable;
- the method of payment, delivery or implementation of the remote agreement;
- The requirements for cancellation of the agreement if the agreement has a duration of more than one year or of an indefinite period;
- In the event that the consumer has a right of withdrawal, the cancellation model form.
- In the event of a duration transaction, the provision in the previous paragraph only applies to first delivery.
Article 6 - Right of withdrawal
Upon delivery of products:
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The consumer has the possibility to decompose the agreement for 14 days during the purchase of products for 14 days.Â
- This concerns about the day after receiving the product by the consumer or a prior consumer designated and published by the consumer and published to the entrepreneur.
If:Â
- The consumer has ordered several products in the same order, capture the remuneration period on the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, on the condition that he has informed the consumer here prior to the ordering process, refusing a multiple products with a different delivery time.
- The delivery of a product consists of various shipments or parts, capture the remuneration period on the day on which the consumer, or a third shipment or the last part designated by him, has received the last shipment or the last part;
- The agreement stretches to the regular delivery of products during a certain period, capture the remuneration period on the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that have not been supplied on a material carrier:
- In the event that a service agreement or an agreement for the delivery of digital content has not been delivered to a substantive carrier, the consumer may decompose the agreement for fourteen days without giving reasons. These fourteen days start on the day following the conclusion of the agreement.
Extended reflection time for products, services and digital content that are not supplied on a material carrier if not informed about withdrawal right:
- If the entrepreneur has not provided the consumer the statutory information on the right of withdrawal or the model form for revocation, the reflection time decreases twelve months after the end of the original, in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original reflection time, the reflection time expires 14 days after the day on which the consumer has received that information.
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- During the reflection time, consumers will handle the product and packaging carefully. He will only unpack or use the product to the extent that it is necessary to be able to assess whether he wishes to preserve the product. If he uses his right of withdrawal, he will return the product with all supplied accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
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- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, upon receipt of the product. The consumer must do it known by means of the model form. After the consumer has known to want to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example through proof of shipment.
Article 7 - Exercise costs
- Upon exercising the right of withdrawal by the consumer, the costs of return will be charged at most.
- The entrepreneur will repay the purchase amount, but no later than 14 days after withdrawal, in the same way used by the consumer. This requires recovery through the web retailer or closing proof of complete return.
- Any impairment of the product caused by careless handling is borne by the consumer. Here it cannot be appealed if the entrepreneur does not provide all statutory information regarding the right of withdrawal. This should be taken to close the purchase agreement.
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Article 8 - Exclusion of the right of withdrawal
- Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the supply, at least timely to the conclusion of the agreement and concerns one of the products listed in paragraphs 2 and 3.
- Exclusion is only possible for the following products:
- that has been established by the entrepreneur Consumer Specifications;
- which are clearly personal in nature;
- that can spoil or aging quickly;
- whose price is bound by fluctuations on the financial market to which the entrepreneur has no influence;
- For loose newspapers and magazines;
- For audio and video recordings and computer software whose consumer has broken the seal;
- For hygienic products whose consumer has broken the seal.
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- Exclusion is only possible for the following services:
- concerning accommodation, transport, restaurant company or leisure activities to perform at a certain date or during a certain period;
- whose delivery with the express consumer consent started before the reflection time has expired;
- concerning bets and lotteries
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Article 9 - Price
- During the validity period specified in the offer, the prices of the products and / or services offered are not increased, subject to price changes due to changes in VAT rates.
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By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur does not affect variable prices. This bondage to fluctuations and the fact that any prices stated are target prices are stated in the supply.Â
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions
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- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has this stipulated and:
- these are the result of legal regulations or provisions; or
- The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.
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- The prices mentioned in the range of products or services include VAT.
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All prices are subject to pressure and eating errors. No liability is accepted for the consequences of pressure and eating errors. With pressure and polls, the entrepreneur is not obliged to deliver the product according to the incorrect price.Â
Article 10 - Guarantee and conformity
- The entrepreneur ensures that the products and / or services meet the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal provisions and / or / or / or government regulations. If agreed, the entrepreneur is also in that the product is suitable for other than normal use.
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- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can apply to the entrepreneur under the Agreement. This means that any commitment of the entrepreneur, his supplier, importer or producer in which it allocates certain rights or claims to the consumer who goes beyond what it is required by law in case he has fallen in the fulfillment of his part of the agreement.
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- Any defects or incorrectly delivered products must be reported to the entrepreneur within 4 weeks of delivery. Return of the products should be done in the original packaging and in new condition.
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- The warranty does not apply if:
- The consumer has repaired and / or edited the products delivered or has been repaired by third parties;
- The products supplied to abnormal conditions are exposed or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or packaging are treated;
- The defendence is completely or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials applied.
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Article 11 - Delivery and implementation
- The entrepreneur will comply with the greatest possible care when receiving and in the performance of orders of products and when assessing applications for the provision of services.
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- As a place of delivery, the address applies that the consumer has made known to the company.
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- With due observance of what is mentioned in paragraph 4 of this article, the company will perform accepted orders with a competent emergency but no later than 30 days, unless consumers agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, consumers have the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
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- All delivery times are indicative. The consumer cannot derive any rights to any aforementioned periods. The consumer is not entitled to compensation.
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- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
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- If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest when delivery will be reported to a clear and comprehensible manner that a replacement item is supplied. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are borne by the entrepreneur.
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- The risk of damaging and / or loss of products is based on the entrepreneur until the moment of delivery to the consumer or a pre-appointed representative announced to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: Duration, cancellation and extension
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The consumer can agree an agreement that has arranged indefinitely and that regulates the arranged delivery of products (including electricity) or services, at any time, with due observance of agreed cancellation rules and a notice period of no more than one month.Â
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The consumer cancel an agreement that has been entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services, at all times at the end of the limited duration, at the end of the limited duration, with due observance of agreed cancellation rules and a cancellation period of ten Top one month.
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The consumer can agree the agreements mentioned in the previous paragraphs:
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Cancel at all times and not limited to cancellation at a specific time or in a certain period;
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at least cancel in the same way when they have been entered into by Him;
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Always cancel with the same cancellation period if the entrepreneur has stipulated for himself
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An agreement that has been entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services may not be tacitly extended or renewed for a limited duration.
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By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed period and that stretches to the regular delivery of day news and weekly newspapers and magazines are tacitly extended for a certain duration of up to three months, as the consumer against this extended agreement The end of the extension can cancel with a cancellation period of no more than one month.Â
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An agreement that has been entered into for a fixed time and which stretches to the regulated delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at all times with a notice of notice of no more than one month and a notice period of at most. Three months in case the agreement stretches to it, but less than once a month, delivering day, news and weekly newspapers and magazines.
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An agreement with a limited duration to the arranged for the acquisition of day, news and weekly magazines and journals (trial or introductory subscription) is not tacitly continued and automatically ends after the test or introduction period.
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If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after a year by no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
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Article 13 - Payment
- To the extent that it has not been agreed otherwise, the amounts owed by the consumer must be met within 7 working days after entering into the inventory period as referred to in Article 6 paragraph 1. In the event of an agreement to grant a service, this period adheres to After the consumer has received the confirmation of the agreement.
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- The consumer has the obligation to report inaccuracies to the entrepreneur without delay in provided or stated payment details.
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- In the event of a consumer default, the entrepreneur has subject to legal restrictions, the right to charge the reasonable costs known to the consumer in advance.
Article 14 - Complaints procedure
- The entrepreneur has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be fully and clearly defined within a skilled time after the consumer has identified defects.
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Complaints submitted to the entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.Â
- If the complaint cannot be resolved in mutual consultation, a dispute that is susceptible to the dispute settlement.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.Â
Article 16 - Additional or deviating provisions
In addition to these General Terms and Conditions, the provisions of these General Terms and Conditions may not be in writing to be laid down in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier.
Model form for revocation
Enter and return this form if you want to revoke the agreement
- On:
Pantique.eu
Address
Postal Code
info@pantique.eu
phone number
- I / We (*) share / share (*) You hereby that I / We (*) our agreement on the sale of the following goods / delivery of the following service (*) revocation / revoke (*):
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- ordered on (DD-MM-YYYY): - Order number:
- Receive on (DD-MM-YYYY):
- Name / Names Consumer (s)
- Address consumer (s):
- IBAN bank account:
- Consumer (s) signature (only when this form is submitted on paper)
- Date (DD-MM-YYYY):
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(*) Delete what does not apply.