Terms and conditions, the safe way
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the trader
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:
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of professional or business and a distance contract concerned with the entrepreneur;
Duration transaction: a distance contract concerning a series of products and / or services, the supply and / or purchase is spread over time;
Durable medium: any means that the consumer or trader to information that is personally addressed to him, store in a way that future consultation and unaltered reproduction of the stored information sets.
Right of withdrawal: the possibility for the consumer to cancel within the grace period of the contract;
Entrepreneur: the natural or legal person who remotely offers products and / or services to consumers;
Distance contract: an agreement in the framework of a system organized by the trader for the distance sale of products and / or services until the conclusion of the agreement using only one or more means of distance communication;
Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area.
Article 2 – Identity of the trader
Safe Ways is a trading name of Expo Verkoop- en Financieringsmij BV, Langeweg 41, 3233 LM Oostvoorne, Netherlands
Phone: +31 (0) 181-486122
Email: firstname.lastname@example.org and email@example.com
Commercial Register: 33178026
VAT number: NL0001535663B01
Article 3 – Applicability
These terms and conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers.
Before the distance contract is concluded, the text of these general conditions made available to the consumer. Will be if this is not reasonably possible, before the distance contract is concluded, that the general conditions are available for inspection at the trader and will be sent at the request of the consumer as quickly as possible free of charge.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the contract is concluded at a distance, which shall consumers in the text of these terms and conditions electronically to the consumer be made available in a manner can be easily stored on a durable medium. Will be if this is not reasonably possible, before the distance contract is concluded, indicated where can be aware of the terms and conditions electronically and that they will be sent free of charge upon request from the consumer electronically or otherwise.
In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
Article 4 – The offer
If an offer has a limited or subject to conditions, be explicitly stated in the offer.
Each offer contains such information that is clear to the consumer what rights and obligations which are attached to accepting the offer. This concerns in particular:
• the price including taxes;
• any costs of delivery;
• how the agreement will be achieved and what actions are needed;
• whether to apply the right of withdrawal;
• the method of payment, delivery or implementation of the agreement;
• the deadline for accepting the offer, or the deadline for adhering to the price;
• the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate of communication;
• whether the contract is filed after conclusion, and if so how can consult it for the consumer;
• the way the consumer before the conclusion of the contract, the information provided by him under the agreement can check and repair if necessary;
• the languages in which the contract may be entered next to Dutch;
• the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
• the minimum duration of the distance contract in the event of an extended transaction.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm electronically receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. The entrepreneur If the consumer can pay electronically, take appropriate safety precautions.
4. The entrepreneur can – within the law – to inform or consumers of its payment obligations, and all facts that are important to a sound conclusion of the distance contract and factors. If the operator under this investigation was justified in order not to accept the agreement, he is entitled to refuse an order or request or special conditions to the implementation.
• the address of the establishment of the business where the consumer can lodge complaints;
• the conditions and how the consumers of the withdrawal right can use, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and after purchase service;
• the data included in article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the execution of the contract;
• the requirements for terminating the agreement if the agreement 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.
2. During this period the consumer will treat the product to the packaging. He will only unpack the product to the extent or use as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, the product with all accessories and – if reasonably possible – return to the entrepreneur in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
2. To exercise his right of withdrawal, the consumer focus to the reasonable and clear instructions provided by the operator to supply and / or before the relevant provision.
2. The entrepreneur If the consumer has paid an amount, this amount as soon as possible but no later than 30 days after the return or cancellation, refund.
2. Exclusion of the right of withdrawal is only possible for products:
• which have been established by the entrepreneur to the consumer’s specifications;
• that are clearly personal in nature;
• which can not be returned due to their nature;
• that spoil or age quickly;
• whose price depends on fluctuations in the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software, the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
• on accommodation, transport, catering or leisure to carry on a certain date or during a specified period;
• the supply with the express consent of the consumer, before the withdrawal period has expired;
• betting and lotteries.
2. The business products or services whose prices Notwithstanding the preceding paragraph 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 agreement only permitted if the trader stipulated as much and:
• they are the result of legislation or regulations; or
• the consumer has the power to terminate the contract as of the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights which the consumer can do under the contract against the trader funds.
2. The place of delivery is the address that the consumer makes known to the company.
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 30 days unless a longer period is agreed. If delivery is delayed, or if an order is not or only partially, the consumer receives them no later than 30 days after the order was placed. The consumer in this case has the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the consumer will be paid as soon as possible but no later than 30 days after repudiation.
5. The entrepreneur If delivery of an ordered product proves impossible, endeavor to provide a replacement article. Will be reported later than the delivery in a clear and comprehensible manner that a replacement item is delivered. The right of withdrawal can not be excluded with replacement products. 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 to the trader, unless this is expressly agreed.
Consumers may If a contract has a duration of more than one year, after a year terminate the agreement at any time with a notice period not exceeding one month, unless the reasonableness and fairness dictate the termination before the end of the agreement.notice
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity included) or services, cancel at any time, subject to the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity included) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of exceeding one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
• cancel at any time and not be limited to termination at a specific time or during a specified period;
• terminate them in the same way as they are concluded;
• cancel at the same notice as the company has negotiated for itself.
1. A contract for a definite period, which extends to the regular delivery of products (including electricity included) or services, may not be automatically extended or renewed for a specified duration.
2. Notwithstanding the preceding paragraph, a contract for a definite period allowed and which extends to the regular supply of daily and weekly newspapers and magazines will be tacitly renewed for a fixed period of up to three months if the consumer this extended agreement against the end of the extension may terminate with notice of up to one month.
3. A contract for a definite period, which extends to the regular delivery of products or services may be indefinite period if the consumer may at any time withdraw a notice of up to one month only tacitly, and a notice of up three months under the agreement extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
4. An agreement with a limited duration to the regular delivery of newspapers, weeklies and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory.
2. When selling products to consumers in terms never be a prepayment of more than 50% agreed. Consumers can If payment is agreed, do not assert any rights regarding the execution of the order or service (s) before the stipulated advance payment made.
3. The consumer has the duty to inaccuracies in the payment details immediately to the operator.
4. In case of default by the consumer and subject to legal restrictions, the right to advance to the consumer reasonable costs.
2. Complaints about the performance of the contract must be submitted to the entrepreneur, after the consumer has found the defects. Set promptly, fully and clearly
3. When the trader complaints, within a period of 14 days from the date of receipt answered. If a complaint is a foreseeable longer processing time, answered by the operator within the period of 14 days with an acknowledgment of receipt and indicating when the consumer can expect a more detailed answer.
4. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.