Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and/or services to
1. Entrepreneur: Natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and a
2. Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance
3. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Grace period: The period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period; 6.
Distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time; 8.
services, of which the delivery and/or purchase obligation is spread over time;
9. Durable medium: every means that enables the consumer or trader to store and process
9. Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
BeterLeven.net
Hoornbloemlaan 4
Telephone number: + 31 - (0)6 - 46 03 73 87
E-mail address: [email protected]
Chamber of Commerce number: 30281930
VAT number: NL002140026B62
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is realised between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
Article 4 - The offer
1. If an offer has a limited validity or if it is made under certain conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
-the price including taxes;
-the possible costs of delivery;
-the way in which the agreement will be concluded and which actions are required for this; -the applicability or otherwise of the right of withdrawal;
-the method of payment, delivery or implementation of the agreement;
the period for accepting the offer, or the period for adhering to the price; - the manner of payment, delivery or execution of the contract
price;
-the size of the tariff for distance communication if the costs of using the technology for distance communication are calculated on the basis of the price quoted in the price list
technique for distance communication are calculated on a basis other than the
basic rate;
-if the agreement is filed after the conclusion, in what way it can be consulted by the consumer
If the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
-the manner in which the consumer, before concluding the agreement, can become aware of actions which he/she does not want to undertake
the way in which the consumer can become aware of actions which he/she has not wanted to undertake before concluding the contract, as well as the way in which he/she can rectify these actions
before the agreement is concluded;
-the languages in which, besides Dutch, the agreement can be concluded; -the codes of conduct to which the trader is subject and the way in which the consumer can use these codes of conduct electronically
the way in which the consumer can consult these codes of conduct electronically; and
-the minimum duration of the distance contract in the event of a contract that involves
continuous or periodic delivery of products or services.
Article 5 - The Agreement
1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is created 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 is able to pay electronically, the entrepreneur will observe appropriate safety measures.
4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfil his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph shall apply only to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons during seven working days. This period commences on the day following receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal in service provision
1. When services are supplied, the consumer has the possibility of dissolving the agreement without giving reasons during seven working days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
Article 7 - Costs in the event of withdrawal
1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly in the offer, at least in time for the conclusion of the agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for products
a) that have been created by the entrepreneur in accordance with the specifications of the
specifications of the consumer;
b) that are clearly of a personal nature;
c) that cannot be returned due to their nature;
d) that spoil or age quickly;
e) the price of which is subject to fluctuations in the financial market over which the trader has no influence
the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio- and video-recordings and computer software of which the consumer has broken the seal
the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services
a) relating to accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b) the supply of which commenced, with the express consent of the consumer, before the period for reflection had expired;
c) relating to betting and lotteries.
Article 9 - The prize
1. During the validity period mentioned in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. The offer shall state this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a) they are the result of statutory regulations or stipulations; or
b) the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 - Compliance and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date that the contract was concluded.
2. A by the entrepreneur, manufacturer or importer as a warranty offered arrangement does not affect the rights and claims the consumer in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur to the entrepreneur may assert under the law and / or the distance.
Article 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care in receiving and implementing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of that which is stated in article 4 of these general terms and conditions,
3. With due observance of the stipulations in Article 4 of these general terms and conditions, the company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer as soon as possible but at least within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Payment
1. As far as no other date has been agreed, sums payable by the consumer should be paid within fourteen days after the goods have been delivered, or in the case of a contract to provide a service, within 14 days after the documents relating to this contract were issued.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge any predetermined reasonable costs incurred to the consumer.
Article 13 - Complaints
1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer time to process, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Article 14 - Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.