Sales conditions.
Artikel 1 – Definitions
In these conditions the following definitions apply:
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.
Artikel 2 – Identity of the entrepreneur
www.tuinmeubelkorting.nl (statutory name, possibly supplemented with trade name)
J.A. van der Goeskade 49, 4461 BH Goes
Telefoonnummer: 0113-21 95 23 dinsdag t/m vrijdag 10:00 – 17:00 uur
E-mailadres: info@tuinmeubelkorting.nl
KvK-nummer: 73571245
BTW-identificatienummer: NL859583314B01
Artikel 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, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, notwithstanding 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
Artikel 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or 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 associated with accepting the offer. This concerns in particular:
-The price includes taxes;
-The possible costs of delivery;
-The manner in which the agreement will be concluded and what actions are required for this;
-Whether or not the right of withdrawal applies;
-The method of payment, delivery or execution of the agreement;
-The term for acceptance of the offer, or the term for honoring the price;
-The amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
-If the agreement is archived after its conclusion, how it can be consulted by the consumer;
-The way in which the consumer can become aware of actions he or she does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
-The possible languages in which, in addition to Dutch, the agreement can be concluded;
-The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
-The minimum duration of the distance contract in the case of an agreement that extends to continuous or periodic delivery of products or services.
Artikel 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
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 entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself 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 with reasons or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- The visiting address of the entrepreneur's branch where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about existing after-sales service and warranties;
- The information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Artikel 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to terminate the distance contract without giving reasons within 14 days. This period starts on the day after receipt of the product by or on behalf of the consumer. All other agreements concluded such as quotation/Best Deal, whether by telephone, email, chat or other than through the sole use of a distance selling system organized by the entrepreneur, are excluded from the right of withdrawal/inspection period. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer bears all costs of returning/retrieving the product.
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 assess whether he wishes to keep the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store. The consumer is fully liable for any depreciation of the product that is the result of handling the product that goes further than stated above. If he exercises his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. View the return form here that must be completed for returns.
Artikel 6b - Right of withdrawal upon delivery of services
When providing services, the consumer has the option to terminate the agreement without giving reasons for a period of fourteen days, starting on the day of entering into the agreement. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Artikel 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after receipt of the return.
Artikel 8 - Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- Which have been created by the entrepreneur in accordance with the consumer's specifications;
- Which are clearly personal in nature;
- Which by their nature cannot be returned;
- That can spoil or age quickly;
- The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For loose newspapers and magazines;
- For audio and video recordings and computer software of which the consumer has broken the seal.
- Those that have been established by means of a quotation/Best Deal, either by telephone, email, chat or other than through the sole use of a distance selling system organized by the entrepreneur, are excluded from the right of withdrawal/inspection period.
Exclusion of the right of withdrawal is only possible for services:
a) relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
b) the delivery of which has started with the consumer's express consent before the cooling-off period has expired;
c) concerning betting and lotteries.
Artikel 8a - Cancel before delivery has taken place
If the buyer wishes to cancel before delivery has taken place, the buyer must consult with the seller. The buyer must at all times pay at least the costs of payment and reimbursement. Payment costs include the costs paid by the seller to credit card companies, PayPal, etc. The seller will inform the buyer of the amount of these costs and deduct them from the amount to be refunded. In case of cancellation before delivery has taken place, reimbursement will always be made by bank transfer.
Artikel 8b - Refusal of delivery
If the buyer refuses delivery at the time of delivery, the seller is entitled to the costs referred to in Article 8a as well as, if applicable, to the shipping/delivery costs charged. The seller will inform the buyer of the amount of these costs and deduct them from the amount to be refunded. The seller is free to collect lost profits outside of the costs mentioned. If delivery is refused at the time of delivery, reimbursement will always be made by bank transfer.
Artikel 9 - 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after 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 agreement are only permitted if the entrepreneur has stipulated this and: these are the result of legal regulations or provisions; whether the consumer has the authority to terminate the agreement on the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT.
Artikel 10 - Conformity and Warranty
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 and/or government regulations in force on the date of the conclusion of the agreement.
A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert towards the entrepreneur in connection with a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or the distance contract.
Artikel 11 - Delivery and execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has provided to the company. We do not deliver to the Wadden Islands, but please clearly state this if this is the case. Delivery is always on the ground floor unless otherwise agreed in advance.
Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive a message.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Transport damage
Mistakes can be made where work is being done, unfortunately transport damage sometimes occurs with our pallet/parcel service. If the pallet is delivered and you do not fully trust it or you notice some damage to the packaging, it is a good idea to take a photo of it. If the product turns out to be damaged, you can email both photos to us via info@tuinmeubelkorting.nl. This way we can ensure correct handling. Transport damage must be reported to us immediately and within 24 hours of receipt. We cannot take responsibility for reports received later than 24 hours after receipt. Always send at least one photo!
Defective product
You must check for shortcomings as soon as an item is delivered to you. If the product arrives damaged or with another shortcoming, we would like to know this quickly. You must notify us within 24 hours of receipt. If you indicate this later, we can no longer take responsibility for this. We do not want to end up in a situation where there is doubt as to whether this shortcoming was already present in the item or whether it was caused by (incorrect) use. Always report this by email to info@tuinmeubelkorting.nl and attach at least one photo.
Artikel 12 - Duration transactions
The consumer can terminate an agreement that has been entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of no more than one month. An agreement entered into for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Artikel 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
The standard payment condition is always advance payment. In case of down payment, the remaining amount must always be paid no later than the time of delivery.
If advance payment or down payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs and interest communicated to the consumer in advance.
Artikel 14 -Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
Artikel 15 - Additional or deviating provisions
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.
All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
