Terms and Conditions
Table of contents:
Article & nbsp; & nbsp; 1 - Definitions
Article & nbsp; & nbsp; 2 - Identity of the entrepreneur
Article & nbsp; & nbsp; 3 - Applicability
Article & nbsp; & nbsp; 4 - The offer
Article & nbsp; & nbsp; 5 - The agreement
Article & nbsp; & nbsp; 6 - Right of withdrawal
Article & nbsp; & nbsp; 7 - Costs in case of withdrawal
Article & nbsp; & nbsp; 8 - Exclusion of right of withdrawal
Article & nbsp; & nbsp; 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and implementation
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following terms mean:
- & nbsp; Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Consumer : the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day : calendar day;
- Transaction duration : a distance contract relating to a range of products and / or services, the supply 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 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;
- Model form : the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
- Entrepreneur : the natural or legal person who offers products and / or services to consumers from a distance;
- Distance Agreement : an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement is only used of & eacute; n or more techniques for distance communication;
- Technology for distance communication : means that can be used to conclude an agreement, without the consumer and trader being in the same room at the same time.
- Terms and Conditions : these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Eancodes V.O.F.
Email: See contact form webshop (related to spambots not visible here)
Chamber of Commerce number: 73198153 & nbsp; & nbsp;
VAT identification number: NL859395893B01
If the activity of the entrepreneur is subject to a relevant licensing system: the
information about the supervisory authority:
If the entrepreneur has a regulated profession:
- the professional association or organization to which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules are accessible.
Article 3 - Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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 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, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that these are the consumer can be easily 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 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 conditions also specific product or service conditions are applicable, the second and third paragraph, mutatis mutandis, and the consumer can not, in the event of conflicting terms always rely on the applicable provision for him the most favorable.
- If & eacute; & eacute; n or more provisions of these terms and conditions wholly or partially invalid at any time or be destroyed, then continue the agreement and these conditions will remain in force and immediately replace the provision in concert by a provision that the scope of the original is approached as much as possible.
- Situations that are not regulated in these terms and conditions must be assessed 'to the spirit' of these terms and conditions.
- Uncertainties about the explanation or content of & eacute; & or more definitions of our terms and conditions should be explained to the spirit & rsquo; of these terms and 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 is without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- All images, specifications, data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
- Product images are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible costs of shipping;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not to apply the right of withdrawal;
- the method of payment, delivery and execution of the agreement;
- the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication medium used
- whether the agreement will be filed after the creation and, if so, how it can be consulted by the consumer;
- the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the contract and restore it if necessary;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the trader is subject 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 extended transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm electronically the 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 created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will 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 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 on the basis of 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.
- With the product or service 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:
a. the visiting address of the branch of the entrepreneur where the consumer can go with complaints;
b. 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;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer v & oacute; & oacute; r the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than '& eacute; n years or of indefinite duration.
- In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
- Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
- During the reflection period the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent that this is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to do so within 14 days after receiving the product & nbsp; to make known to the entrepreneur. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If the customer has not made it known that he wishes to make use of his right of withdrawal or the right of withdrawal after expiry of the terms stated in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.
When providing services:
- When providing services, the consumer has the option to terminate the contract without giving reasons for at least 14 days, starting on the day of entering into the agreement.
- In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.
Article 7 - Costs in case of revocation
- If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, 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 - Exclusion of right of withdrawal
- The entrepreneur can exclude the right of withdrawal of the consumer for products as described & nbsp; in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a. concerning 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 commenced with the explicit consent of the consumer before the reflection period has expired;
c. regarding betting and lotteries.
Article 9 - The price
- During the period of validity indicated in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing & ndash; and typesetting errors. For the effects of pressure & ndash; no liability is accepted. At pressure & ndash; and typographical errors the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Compliance and Warranty
- The trader guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the conditions existing on the date of the conclusion of the agreement. legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees 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 that the consumer can assert against the entrepreneur under the contract.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The warranty period of the entrepreneur corresponds with the factory warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or the application of the products.
- The guarantee does not apply if:
- The consumer has repaired and / or processed the delivered products himself or have them repaired and / or modified by third parties;
- The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or the packaging are covered;
- The inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the applied materials.
Article 11 - Delivery and implementation
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what has been stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
- All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a deadline does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
- 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 the entrepreneur announced representative, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and renewal
- The consumer can enter into an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) & nbsp; or terminate services at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can enter into a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) & nbsp; or services, to terminate at any time by the end of the stipulated term with due observance of the agreed cancellation rules and a notice period of up to & eacute; a month.
- The consumer can make the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in a certain period;
- cancel at least in the same way as they were contracted by him
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- An agreement that applies to certain & nbsp; has been entered into and which extends to the regular delivery of products (including electricity) or services, may not be renewed tacitly or renewed for a specific duration.
- By way of derogation from the previous paragraph, an agreement that applies to certain & nbsp; time & nbsp; has been entered into and which extends to the regular delivery of daily news and weekly newspapers and magazines are tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most & eacute; & eacute; n month.
- A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most & eacute; month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with limited duration to regularly deliver familiarization to daily, news and weekly newspapers and magazines (trial or introductory subscription) & nbsp; is not tacitly continued and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness are terminated against cancellation. end of the agreed duration.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this period after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
- If a complaint is found to be well-founded by the trader, the trader will replace or repair the products at its option or the delivered products free of charge.
Article 15 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or different provisions from these 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 medium.