Terms and Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration Transactions: Duration, Termination and Extension
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional or derogatory provisions
Article 1 - Definitions
In these terms and conditions shall apply:
1. 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;
2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is provided is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for the distance selling of products, digital content and / or services, in which up to and including the conclusion of the agreement, use is made exclusively or partly of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
12. Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 - Identity of the entrepreneur
Correspondence Address:
Wheelerworks
Van der Duinstraat 128
5161 BS
Sprang Chapel
Business address:
Wheelerworks
Van der Duinstraat 128
5161 BS
Sprang Chapel
Contact:
Telephone number: 085 – 060 8080
E-mail: [email protected]
Chamber of Commerce: 75488086
VAT identification number: NL001849378B95
Article 3 - Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the trader will before the contract is concluded, indicate how to see the general conditions for the entrepreneur and that they be sent free of charge as soon as possible, at the request of the consumer.
3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
4. In the event that besides these general conditions also 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 .
Article 4 - The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a truthful representation of the products, services and / or digital content. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 - The Agreement
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can within statutory frameworks - inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5. The entrepreneur will look upon delivery of the product, service or digital content to the consumer 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, send:
the visiting address of the establishment of the business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing post-purchase service;
d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model form for withdrawal.
6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
2. In paragraph 1 mentioned period begins on the day after the consumer, or a pre-designated by the consumer third party other than the carrier has received the product, or:
a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
b. 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, received the last shipment or the last part;
c. in 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.
For services and digital content which is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
4. The waiting period specified in paragraph 3 begin on the day following the conclusion of the contract.
Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
5. If the entrepreneur consumer statutory notice of the withdrawal right or the standard form does not provide for withdrawal, the withdrawal period shall expire twelve months after the end of the original period of reflection determined in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period expires 14 days from the day the consumer receives that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During this period the consumer will treat the product and packaging. He will only extract the product or use to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer shall only be liable for diminished value of the product which is the result of a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product as the entrepreneur him not to or at the conclusion of the agreement has provided all information required by law about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall within the cooling-off period using the model withdrawal form or any other unequivocal manner to the entrepreneur.
2. As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send back the product, whether he hands it to (a representative of) the entrepreneur. This does not have offered if the trader to collect the product itself. The consumer is back transmission period observed in any case like to return the product before the waiting period has expired.
3. The consumer shall send back the product with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer.
5. The consumer must bear the direct cost of returning the product. If the trader has not notified the consumer has to bear them or if the operator indicates to bear the costs themselves, consumers do not bear the return shipping costs.
6. If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity which are not put up for sale in a limited volume or certain amount begin during the withdrawal period, the consumer, the entrepreneur amount due proportion to that part of the commitment which is fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or quantity, or the supply of district heating, provided that:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;
b. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
8. The consumer shall bear no cost for the total or partial delivery of digital content not supplied on a tangible medium where:
a. prior to the delivery, he has not expressly agreed to commence the fulfillment of the contract before the end of the cooling-off period;
b. he has not acknowledged to lose his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, any ancillary contracts shall be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur notification of withdrawal by the consumer electronically allows, it sends an acknowledgment immediately upon receipt of this notification.
2. The trader shall reimburse all payments the consumer, including any delivery costs incurred by the operator will be charged for returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product itself, he may wait to return until he has received the product or the consumer demonstrates that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge for consumers.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:
1. Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period;
2. Contracts concluded at a public auction. Under a public auction means a method of sale where goods, digital content and / or services offered by the trader to the consumer who attends or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is bound to purchase the goods, digital content and / or services;
3. Service contracts, after full implementation of the service, but only if:
a. the execution has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Package tours as referred to in Article 7: 500 BW and passenger transport agreements;
5. Service contracts for provision of accommodation, as in the agreement a specific date or period of performance features and other than for residential purpose, transport of goods, car rental services and catering;
6. Agreements related to leisure activities, a specific date or period of execution provided for in the agreement;
7. According to specifications for products manufactured by the consumer, not prefabricated and manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for reasons of protection of health or hygiene to be returned and which were unsealed after delivery;
10. Products that are inseparably mixed after delivery by their nature with other products;
11. Alcoholic beverages, the price is agreed upon conclusion of the contract, the delivery of which can only take place after 30 days and the actual value is dependent on fluctuations in the market on which the entrepreneur has no influence;
12. Sealed audio, video recordings or computer software which were unsealed after delivery;
13. Newspapers, periodicals or magazines, except for subscriptions to this;
14. The supply of digital content other than on a tangible medium, but only if:
a. the execution has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months are allowed only after the conclusion of the agreement if they are the result of legislation or regulations.
4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
they are the result of laws or regulations, or
b. the consumer has the power to terminate as of the date the increase takes effect.
5. The prices include VAT mentioned in the supply of products or services.
Article 12 - Compliance agreement and additional warranty
1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. By the trader, its supplier, manufacturer or importer provided additional guarantee restricted never legal rights and claims that consumers can do under the contract against the trader valid where the trader has failed to fulfill its part of the agreement.
3. Among additional guarantee means any undertaking by the trader, its supplier, importer or producer certifying that certain rights or claims to the consumer grants beyond which it is required by law in case he failed to fulfill his part of the agreement .
Article 13 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. Subject to what is stated in article 4 of these terms and conditions, the company will accepted orders expeditiously but not later than 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives the latest 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. After dissolution in accordance with the preceding paragraph, the operator the amount paid by the consumer to repay immediately.
5. 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 the entrepreneur announced representative, unless expressly agreed otherwise.
Article 14 - Duration Transactions: Duration, Termination and Extension
Termination:
1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to one month.
2. The consumer may contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the terminate fixed-term compliance with the applicable termination rules and a notice of more than 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 certain period;
- at least cancel in the same way as they have entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. A fixed-term agreement, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.
5. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers against this extended agreement the end of the extension may terminate with a notice period of up to one month.
6. A contract for a definite period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of up to one month. The notice period shall not exceed three months in case the agreement extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
7. 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.
Duration:
8. If a contract has a duration of more than one year, after a year, the consumer should the agreement at any time terminate with a notice period not exceeding one month, unless the reasonableness and fairness oppose termination before the end of the agreed term.
Article 15 - Payment
1. To the extent not otherwise provided in the agreement or additional terms, the amounts owed by the consumer to be paid within 14 days after the start of the reflection period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer should in general terms are never obliged to advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
4. If the consumer is unable to meet its payment (s), it is this, after being rejected by the entrepreneur on the late payment and the trader, the consumer is given a period of 14 days in which to comply with its payment obligations, after failure to pay within this 14-day period, the outstanding amount of the legal interest and the operator is entitled to charge the extrajudicial collection costs incurred by that charge. These collection costs exceed: 15% of outstanding amounts to € 2.500, =; 10% for the following € 2.500, 5% = and on the next € 5.000, = with a minimum of € 40, =. The entrepreneur can benefit consumers differ from these amounts and percentages.
Article 16 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement should take place promptly after the consumer has found the defects are defined clearly and completely submitted to the operator.
3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
4. The consumer the trader at least 4 weeks should allow time to resolve the complaint by mutual agreement. After this period, a dispute that is subject to dispute.
Article 17 - Disputes
1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
Article 18 - Additional or derogatory provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner