Terms and Conditions
Terms and Conditions
Article 1 - Definitions
In these conditions the following terms have the following meanings:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession
- Day: calendar day;
- Digital content: data that is produced and supplied in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
- Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose what the information is for and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
- Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
- Model withdrawal form: the form for cancellation / withdrawal. This form need not be made available if the consumer has no right of withdrawal with regard to his order;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer.
- If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can inform himself within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
* the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
* the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
* information about guarantees and existing after-sales service;
* the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
* if the consumer has a right of withdrawal, the model withdrawal form.
- In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6- Right of withdrawal
- The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 calendar days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
* if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
* if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
* for contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
* If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined 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 effective date of the original reflection period, the reflection period expires 14 calendar days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he should in a store.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal bythe consumer and the costs thereof
- If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
- The consumer must pay the direct costs of returning the product to the postal company.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that by their nature are irrevocably mixed with other products;
Article 11 - The price
- During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- The prices stated in the offer of products or services include VAT.
Article 12 - Fulfillment of the agreement and additional guarantee
- The entrepreneur guarantees 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
Article 13 - Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 working days, unless another delivery term has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 working days after he has placed the order. In that case, the consumer has the right to dissolve the contract without costs and the right to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 calendar days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 calendar days after the conclusion of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.
- The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
- If the consumer does not meet his payment obligation (s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 calendar days to still meet his payment obligations, after failure to pay within this 14-day period, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 15 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 working days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement.
Article 16 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 17 - Additional or different stipulations
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Revocation / Returns
Do you want to terminate and / or revoke the agreement, are you not satisfied with the delivered product, does the product not work, or is the article broken? Then you can return or exchange the item without giving any reason within the reflection period of 14 calendar days. Before returning anything, we recommend that you read our general and the following conditions carefully:
- Items must be returned to us complete, unused and undamaged in the original packaging.
- Check after receipt of your order: immediately after receiving your order, check whether the items are undamaged, complete and delivered according to the invoice. If this is not the case, you must notify us within 24 hours of receipt via email@example.com. When you use the items, the delivery is accepted and can / can no longer be exchanged or returned.
- Fill in the return form below within 14 days or send an email to our customer service; firstname.lastname@example.org. After registering your return, you will receive the next steps during the opening hours of our customer service by email.
- Pack the items carefully. Stick the shipping address clearly visible on the box.
- Take the package to a post office near you. You pay the shipping costs at the post office. We ask you to keep the shipping receipt. If you have any questions, you can ask our customer service by sending an email to email@example.com stating complaint / return shipment.
- Consequences of the revocation: if you revoke the agreement, you will receive all payments that you have made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of delivery and / or payment method other than the cheapest standard delivery offered by us) immediately and in any case no later than 14 days after we have been informed of your decision to withdraw from the contract and we have received the goods delivered by us in their original condition. We will refund you with the same payment method that you used to perform the original transaction, unless you have expressly agreed otherwise; in any case, you will not be charged for such a refund. We will not issue a refund before the items are received in good condition. You send the items in any case within 14 days. Calculated from the day that you have notified us that you are exercising your right to terminate the agreement.
- Go to return form fill in all fields and click send. Return address: Airogroup B.V., Industriestraat 7, 9502 EJ Stadskanaal (The Netherlands). The returns are for your own account if the delivery from our side is not damaged or delivered incorrectly.
- Costs for depreciation will be charged to you if these have been irrefutably caused by use and / or careless packaging.