Table of Contents
Article 1 – Definitions
For the terms of these conditions:
- Reflection period: the time limit within which the consumer may benefit from his right of withdrawal;
- Consumer: the natural person who does not act in the pursuit of profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Sustainable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to opt out of the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
- ‘Distance agreement’ means an agreement whereby, in the context of a system for distance selling of products and/or services organised by the operator, one or more distance communication techniques is used only until the conclusion of the contract;
- Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same space.
Article 2 – Identity of the entrepreneur
Name entrepreneur: BK-Wholesale B.V.,trading under the name AQV-Systems.
Registered/visiting address: Hilversum, Zeverijnstraat 24 R, 1216 GK Hilversum, Netherlands
Phone number: +31 (0) 35 62 847 08
Email address: firstname.lastname@example.org
Chamber of Commerce no: 62288245
VAT identification number: NL854747692B01
Article 3 – Applicability
- These terms and conditions apply to each offer made by the entrepreneur and to any distance agreement between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions can be identifiable to the trader and they will be sent free of charge as soon as possible at the consumer’s request.
- By way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data 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 notified by electronic means and that, at the consumer’s request, they will be transmitted free of charge or otherwise free of charge.
- In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutedly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
- The offer contains a complete and accurate description of the products 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 and/or services 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 the rights and obligations are, which are linked to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any cost of delivery;
- the manner in which the agreement will be concluded and what actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and implementation of the agreement;
- the time limit for acceptance of the offer or the period within which the trader guarantees the price;
- whether the contract will be archived after its conclusion and, if so, how it can be consulted for the consumer;
- the way in which the consumer can check and recover, if desired, the way in which the consumer may, before the conclusion of the contract, verify the information he provides under the contract;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct by electronic means;
Article 5 – The Agreement
- The contract shall be concluded, subject to paragraph 4, at the time of the consumer’s acceptance of the offer and compliance with the conditions laid down there by it.
- If the consumer has accepted the offer by electronic means, the operator shall immediately confirm the receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the operator will take appropriate safety measures to this end.
- 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 contract. If, on the basis of this examination, the economic operator has good grounds not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to the execution.
- The entrepreneur shall send the following information to the consumer in the case of the product or service provided to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
A. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
(b) the conditions under which and the way in which the consumer may avaop the right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal;
(c) information on guarantees and existing post-purchase service;
(d) the information provided for in Article 4(3) of these conditions, unless the economic operator has already provided such information to the consumer before the performance of the contract;
(e) the requirements for termination of the contract if the contract is lasting more than one year or is of an indefinite period.
- In the case of an expensive transaction, the provision in the previous paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
- When purchasing products, the consumer has the option to terminate the contract without giving reasons for 14 days. This cooling-off period shall take place on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and disclosed to the trader.
- During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur, with all the accessories supplied and, if reasonably possible.
- The consumer is obliged to return the products in question within 14 days if the contract is terminated. This period shall take hold on the day when the consumer announces his wish to make use of his right of withdrawal in the method indicated by the entrepreneur.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of the return shall be borne at most.
- If the consumer has paid an amount, the trader will repay this amount as soon as possible, but not later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.
Article 8 – Right of withdrawal exclusion
- The economic operator may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion from the right of withdrawal shall be possible only for products:
A. established by the entrepreneur in accordance with consumer specifications;
b. which are clearly personal in nature;
(c) which cannot be returned by their very nature;
(d) which can quickly spoil or age;
(e) the price of which is linked to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
(g) for audio and video recordings and computer software whose consumer has broken the seal.
H. for hygienic products whose consumers have broken the seal.
Article 9 – The price
- During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and which the trader has no influence on, with variable prices. This commitment to fluctuations and the fact that any prices quoted are target prices are indicated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only permitted if the trader has negotiated this and:
A. are the result of legislation or provisions; Or
(b) the consumer has the power to terminate the contract from the day on which the price increase takes effect.
- The prices listed in the supply of products or services include VAT.
Article 10 – Conformity and Guarantee
- The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims which the consumer may assert to the trader under the contract.
Article 11 – Delivery and execution
- The entrepreneur will take the utmost care when receiving and carrying out orders of products and in assessing requests for services.
- The place of delivery shall be the address which the consumer has made known to the company.
- Subject to the terms and conditions set out in Article 4 of these terms and conditions, the company shall carry out accepted orders with skillful urgency but not later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost and to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the trader shall repay the amount paid by the consumer as soon as possible, but not later than 30 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and understandable manner that a replacement item will be delivered. In the case of substitute articles, the right of withdrawal cannot be excluded. The costs of a possible return are at the expense of the entrepreneur.
- The risk of damage and/or disappearance of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-appointed and disclosed representative to the entrepreneur, unless expressly otherwise agreed.
Article 12 – Duration transactions: duration, termination and renewal
- The consumer may terminate at any time an indefinite contract which is intended for the regular delivery of products (including electricity) or services, subject to the rules of notice agreed and a notice period of not more than one month.
- The consumer may terminate at any time by the end of the fixed period of time a fixed-term contract which is intended for the regular delivery of products (including electricity) or services, subject to the termination rules agreed for that purpose and a notice period of not more than one month.
- The consumer may:
– cancel at all times and not be limited to termination at a given time or period;
– at least denounce in the same way as they have been entered into by him;
– always cancel with the same notice period as the entrepreneur has negotiated for himself.
- An agreement entered into for a fixed period of time which covers the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period of time.
- By way of derogation from the previous paragraph, a fixed-term contract which is intended to cover the regular delivery of daily news, weekly and magazine magazines may be tacitly extended for a maximum period of three months if the consumer can terminate this extended contract by the end of the extension with a period of notice of not more than one month.
- A fixed-term contract which is limited to the regular delivery of products or services may be extended for an indefinite period only if the consumer is allowed to terminate at any time with a period of notice of not more than one month and a period of notice of not more than three months in case the contract is extended to the regular but less than once per month , delivery of daily, news and weekly magazines and magazines.
- An agreement with a limited duration until the regular delivery of daily, news and weekly magazines and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introduction period.
- If an agreement has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a period of notice of not more than one month, unless reasonableness and fairness oppose denunciation before the end of the agreed duration.
Article 13 – Payment
- To the extent otherwise agreed, the amounts due by the consumer shall be paid within 7 working days of the expiry of the cooling-off period referred to in Article 6(1). In the case of a contract to provide a service, this period shall 31 after the consumer has received confirmation of the contract.
- When selling products to consumers, a prepayment of more than 50% may never be negotiated under terms and conditions. Where advance payment has been negotiated, the consumer cannot assert any right to carry out the order or service(s) in question before the prepayment has been negotiated.
- The consumer has a duty to report inaccuracies to the trader without delay in payment details provided or mentioned.
- In the event of a default by the consumer, the trader shall have the right, subject to legal restrictions, to charge the reasonable costs previously disclosed to the consumer.
Article 14 – Complaints procedure
- The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints concerning the performance of the contract must be submitted in full and clear to the entrepreneur within 7 days, after the consumer has identified the defects.
- Complaints submitted to the entrepreneur are answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the trader replies within the 14-day period with a message of receipt and an indication when the consumer can expect a more detailed response.
- If the complaint cannot be resolved by mutual agreement, a dispute arises which is open to the dispute settlement.
- In the case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur(webwinkelkeur.nl),who will mediate free of charge. Make sure that this web store has an ongoing membership through https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the possibility to have his complaint dealt with by the independent dispute resolution committee appointed by stichting WebwinkelKeur, the ruling is binding and both entrepreneur and consumer agree to this binding ruling. The submission of a dispute to this disputes committee is subject to costs to be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform(http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the products supplied free of charge.
Article 15 – Disputes
- Agreements between the entrepreneur and the consumer to which these terms and conditions relate shall be subject only to Dutch law.
- In the event of disputes, the consumer can turn to the WebwinkelKeur Foundation, which will mediate free of charge. If a solution is not yet reached, the consumer has the possibility to have his complaint dealt with by the DisputeOnline Foundation, the ruling is binding and both entrepreneur and consumer agree to this binding ruling.
Article 16 – Additional or derogatory provisions
- Additional or different provisions may not be to the detriment of the consumer and should be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data medium.
Complaints procedure information
We recommend that you first make complaints known to us by emailing email@example.com. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur. From 15 February 2016, it will also be possible for EU consumers to register complaints via the European Commission’s ODR platform. This ODR platform can be found on http://ec.europa.eu/odr. If your complaint is not yet pending elsewhere, you are free to file your complaint through the European Union platform