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CONTENTS
Article 1 - Definitions
Article
2 - The Entrepreneur’s identity
Article 3 -
Applicability
Article 4 - The
offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the
reflection period
Article 8 - Exercising the
Consumer’s right of withdrawal and the costs
Article 9 -
Entrepreneur’s obligation in case of withdrawal
Article 10 - Exclusion of the
right of withdrawal
Article 11 - The
price
Article 12 - Compliance and extra guaranty
Article 13 - Delivery and execution
Article 14 - Continuing performance contract: duration,
termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 -
Disputes
Article 1 – Definitions
In these Terms and Conditions, the following terms
shall have the following meanings:
1. Additional agreement: an agreement in
which the Consumer acquires products, digital content and/or services with
respect to a distance agreement and these goods, digital content and/or
services are delivered by the Entrepreneur or a third party on the basis
of an arrangement between this third party and the Entrepreneur;
1.
Reflection period: the period during which the Consumer may use his right
of withdrawal;
3. Consumer: the natural person who does not act for
purposes related to his/her commercial, trade, craft or professional
activities;
4. Day: calendar day;
5. Digital content: data produced and
delivered in digital form;
6. Continuing performance contract: a contract
serving to deliver goods, services and/or digital content in a given
period;
7. Sustainable data carrier: any means, including email, that allow
the Consumer or the Entrepreneur to store information directed to him/her
personally in such a manner that makes future consultation and use
possible during a period that matches the purpose for which the
information is destined and which makes unaltered reproduction of the
stored information possible.
8. Right of withdrawal: the Consumer’s
option not to proceed with the distance agreement within the cooling-off
period;
9. Entrepreneur: the natural of legal person who is a member of
Stichting Webshop Keurmerk and who provides products, (access to) digital
content and or services to Consumers at a distance;
10. Distance
contract: a contract concluded by the Entrepreneur and the Consumer within
the scope of an organised system for distance selling products, digital
content and/or services, whereby exclusive or additional use is made of
one or more technologies of distance communication up to the conclusion of
the contract;
11. Standard form for withdrawal: the European standard
form for withdrawal included in Appendix 1;
12. Technology for
distance communication: a means to be used for concluding an agreement
without the Consumer and the Entrepreneur being together in the same place
at the same time.
Article 2 – The Entrepreneur’s identity
Entrepreneur Europe audio VOF
Business address Moriaanseweg west 97
Telephone number +31 (0)181778718
Email address information@europe-audio.com
Chamber of Commerce number 243.42.791
VAT identification number NL822321658B01
Article 3 – Applicability
1. These General Terms and Conditions
apply to any offer from the Entrepreneur and to any distance contract
concluded by the Entrepreneur and the Consumer.
2. Before
concluding a distance contract, the Entrepreneur shall make the text of
these General Terms and Conditions available free of charge and as soon as
possible. If this is reasonably impossible, the Entrepreneur shall
indicate in what way the General Terms and conditions can be inspected and
that they will be sent free of charge if so requested, before the distant
contract is concluded.
3. If the distance contract is
concluded electronically, the text of these General Terms and Conditions,
in deviation from the previous section and before the distance contract is
concluded, may also be supplied to the Consumer electronically in such a
way that the Consumer can easily store it on a long- term data carrier. If
this is reasonably impossible, it will be specified where the General
Terms and Conditions can be viewed electronically and that they will be
sent to at the Consumer´s request free of charge, either via
electronic means or otherwise, before concluding the distance
contract;
4. In the event
that specific product or service condition apply in addition to these
General Terms and Conditions, the second and third paragraphs shall apply
accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that
is most favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if
certain conditions apply, it shall be explicitly stated in the
offer.
2. The offer contains a full and accurate description of the
products, digital content and/or services offered. The description is
suitably detailed to enable the Consumer to assess the products, or
services and/or digital content adequately. If the Entrepreneur makes use
of pictures, they are truthful images of the products and/or services
provided. Obvious errors or mistakes in the offer do not bind the
Entrepreneur.
3. All offers contain such information that it is clear
to the Consumer what rights and obligations are attached to accepting the
offer.
Article 5 – The contract
1. Subject to the provisions in paragraph
4, the contract becomes valid when the Consumer has accepted the offer and
fulfilled the terms and conditions set.
2. If the Consumer accepted the
offer via electronic means, the Entrepreneur shall promptly confirm
receipt of having accepted the offer via electronic means. As long as the
receipt of said acceptance has not been confirmed, the Consumer may
repudiate the contract.
3. If the contract is concluded electronically,
the Entrepreneur will take appropriate technical and organisational
security measures for the electronic data transfer and ensure a safe web
environment. If the Consumer can pay electronically, the Entrepreneur
shall observe appropriate security measures.
4. The Entrepreneur may,
within the limits of the law, gather information about Consumer’s ability
to fulfil his payment obligations, and all facts and factors relevant to
responsibly concluding the distance contract. If, acting on the results of
this investigation, the Entrepreneur has sound reasons for not concluding
the contract, he is lawfully entitled to refuse an order or request
supported by reasons, or to attach special terms to the
implementation.
5. Before delivering the product, the Entrepreneur
shall send the following information along with the product, the service
or the digital content in writing or in such manner that the Consumer can
store it in an accessible manner on a long-term data
carrier:
a. the visiting address of the Entrepreneur´s business
establishment where the Consumer may get into contact with any
complaints;
b. the conditions on which and the manner in which
the Consumer may exercise the right of withdrawal, or, as the case may be,
clear information about his being exempted from the right of
withdrawal;
c. the information corresponding to existing
after-sales services and guarantees;
d. The price including all
taxes of the product, service or digital content, where applicable the
delivery costs and the way of payment, delivery or implementation of the
distance contract;
e. the requirements for cancelling the contract if
the contract has a duration of more than one year or for an indefinite
period of time.
f. the standard form for withdrawal if the Consumer has
the right of withdrawal.
6. In case of a continuing performance
contract, the stipulation in the previous paragraph only applies to the
first delivery.
Article 6 – Right of withdrawal
In case of products:
1. The Consumer
can repudiate a purchase contract for a product without giving reasons for
a period of reflection of at least 14 days. The Entrepreneur may ask
the Consumer about the reason for the withdrawal but cannot force him to
state his reason(s).
2. The reflection period referred to in sub-clause 1
starts on the day the product is received by the Consumer or by a third
party appointed by him in advance and who is not the carrier, or
a. if
the Consumer ordered several products in the same order: the day on
which the Consumer or a third party appointed by him received the
last product. The Entrepreneur may refuse an order of several
products with different delivery dates provided that he clearly
informs the Consumer prior to the order process.
b. in
case the delivery of a product consists of several batches or parts:
the day on which the Consumer or a third party appointed by him
received the last batch or the last part.
c. in case of an
agreement about regular delivery of products during a given period:
the day on which the Consumer or a third party appointed by him
received the first product.
In case of services and digital content
that is not delivered on a physical carrier:
3. The Consumer can terminate
an agreement for services or an agreement for delivery of digital content
that is not delivered on a physical carrier without giving reasons during
at least 14 days. The Entrepreneur may ask the Consumer about the reason
for the withdrawal but cannot force him to state his reason(s).
4. The
reflection period referred to in Article 3 starts on the day following
the conclusion of the agreement.
Extended reflection period for products, services and digital content that
has not been delivered on a physical carrier in case no information is given
about the right of withdrawal:
5. If the Entrepreneur has not provided the
Consumer with the legally required information about the right of
withdrawal or has not provided the standard form for withdrawal, the
reflection period expires twelve months after the end of the original
reflection period in accordance with the reflection period determined in
the previous sub-clauses of this Article.
6. If the Entrepreneur provided
the Consumer with the information referred to in the previous article
within twelve months after the starting day of the original period of
reflection, the period of reflection expires 14 day after the day on which
the Consumer received the information.
Article 7 – Consumer’s obligations during the
time of reflection
1.
During this period, the Consumer shall handle the product and the packaging
with care. The Consumer shall only unpack or use the product to the extent
necessary for establishing the nature, the characteristics and the effect
of the product. The guiding principle is that the Consumer may only handle
and inspect the product in the manner in which one is allowed to handle a
product in a shop.
2. The Consumer is only liable for the decrease in
value of the product that is caused by the way of handling the product
which went further than allowed in sub-section 1.
3. The Consumer is
not liable for the decrease in value of the product if the Entrepreneur
has not provided him with all legal information about the right of
withdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
1.
If the Consumer exercises his right of withdrawal he shall notify the
Entrepreneur unambiguously with the standard form for withdrawal within
the period of reflection.
2. The Consumer shall return the product or
deliver it to (the authorized representative of) the Entrepreneur as soon
as possible but within 14 days counting from the day following the
notification referred to in sub-clause 1. This need not be done if the
entrepreneur offered to collect the product himself. The Consumer observed
the period of returning the product in any event if the product is
returned before the expiration of the period of reflection.
3. The
Consumer shall return the product with all delivered accessories and if
reasonably possible in the original state and packing and in conformity
with reasonable and clear instructions given by the Entrepreneur.
4.
The risk and the burden of proof for the correct and timely exercise of the
right of withdrawal fall on the Consumer.
5. The Consumer shall bear
the direct costs of returning the product. If the Entrepreneur has not
reported that the Consumer has to bear these costs or if the Entrepreneur
pointed out that he will bear the costs himself, the Consumer need not pay
the cost of returning the product.
6. If the Consumer withdraws after having
first explicitly requested that the performance of a service or the supply
of gas, water or electricity having not been made ready for sale not be
started in a limited volume or given quantity during the period of
reflection, the Consumer shall pay the Entrepreneur an amount that is
equal to the part of the obligation already performed at the
time of withdrawal as compared with the full compliance of the
obligation.
7. The Consumer does not bear the costs for performing
services for the supply of water, gas or electricity that had not been
made ready for sale in a limited volume or quantity, or for the supply of
district heating if
a. the Entrepreneur has not provided the Consumer with
the statutorily required information about the right of withdrawal,
the compensation of costs in case of withdrawal or the standard form
for withdrawal, or
b. if the Consumer has not explicitly requested that the
performance of the service or the supply of gas, water and
electricity or district heating be started during the period of
reflection.
8. The Consumer does not bear any cost for the full
or partial delivery of digital content not stored on a physical
carrier if
a. prior to the delivery, he has not explicitly consented to
start performance of the agreement before the end of the
period of reflection;
b. he did not acknowledge to lose his right of
withdrawal when giving consent; or
c. the Entrepreneur failed to
confirm the Consumer’s statement.
9. If the Consumer exercises his right of
withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case
of withdrawal
1. If the
Entrepreneur makes the notification of withdrawal by electronic means
possible, he shall promptly send a return receipt.
2. The Entrepreneur
shall reimburse all payments made by the Consumer, including any delivery
costs that the Consumer may charge for the returned product, as soon as
possible but within 14 days following the day on which the Consumer
notified him of the withdrawal. Unless the Entrepreneur offers to collect
the product himself, he can wait with paying back until having received the
product or until the Consumer proved that he returned the product,
whichever occurs first.
3. The Entrepreneur shall make use of the same means
of payment that the Consumer used, unless the Consumer consents to another
method. The reimbursement is free of charge for the Consumer.
4. If
the Consumer opted for a more expensive method of delivery instead of the
cheapest standard delivery, the Entrepreneur need not reimburse the
additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The Entrepreneur can
exclude the following products and services from the right of withdrawal but
only if the Entrepreneur notified this clearly when making the offer or at any
rate in good time before concluding the agreement:
1. Products or services
with a price that is subject to fluctuations in the financial market on
which the Entrepreneur has no influence and which may occur within the
period of withdrawal;
2. Agreements that are concluded during a public
auction. A public auction is defined as a selling method whereby the
Entrepreneur offers products, digital content and/or services to the
Consumer who is personally present or has the possibility to be personally
present at the auction under the direction of an auctioneer and whereby
the successful bidder is obliged to purchase the products, the digital
content and/or the services.
3. Services agreements, after full performance
of the service, but only if
a. the performance started with the
Consumer’s explicit prior consent; and
b. the Consumer stated that
he will lose his right of withdrawal as soon as the Entrepreneur has
fully performed the agreement.
4. Services agreements for making
accommodation available when a certain period of implementation is
provided and other than for residential purposes, goods transports, car
rental services and catering;
5. Agreements related to leisure activities
when a certain date or period of performance is arranged in the agreement;
6. Products manufactured in accordance with the Consumer’s specifications
which are not prefabricated and which are produced on the basis of a
Consumer’s individual choice or decision or which are intended for a
specific person;
7. Perishable products or products with a limited
durability.
8. Sealed products which are for health or hygiene reasons not
suitable for being returned and of which the seal was broken;
9.
Products which for their nature are irreversibly mixed with other products;
10. Alcoholic drinks of which the price has been agreed upon at the
conclusion of the agreement but of which the delivery can take place only
after 30 days, and whose real value depends on fluctuations in the market
which the Entrepreneur cannot affect.
11. Sealed audio and video
recordings and computer programs of which the seals were broken after
delivery;
12. Newspapers, periodicals or magazines, with the exception of
subscriptions to them;
13. The delivery of digital content other than
on a physical carrier, but only if: a. the performance was started
with the Consumer’s explicit prior
consent;
b. the Consumer stated that he will
lose his right of withdrawal by doing so.
Article 11 - The price
1. The prices of the products and/or services
provided shall not be raised during the validity period given in the
offer, subject to changes in price 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
will state the possibility of being subject to fluctuations and the fact
that any indicated prices are target prices.
3. Price increases
within 3 months after concluding the contract are permitted only if they
are the result of new legislation.
4. Price increases from 3 months
after concluding the contract are permitted only if the Entrepreneur has
stipulated it and
a. they are the result of legal regulations or
stipulations, or
b. the Consumer has the authority to cancel the
contract before the day on which the price increase starts.
5.
All prices indicated in the provision of products or services are
including VAT.
Article 12 – Performance of an agreement and extra
Guarantee
1. The Entrepreneur guarantees that the products and/or
services comply with the contract, with the specifications listed in the
offer, with reasonable requirements of usability and/or reliability and
with the existing statutory provisions and/or government regulations on
the day the contract was concluded. If agreed, the Entrepreneur also
guarantees that the product is suitable for other than normal use.
2.
An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer
or Importer shall never affect the rights and claims the Consumer may
exercise against the Entrepreneur about a failure in the fulfilment of the
Entrepreneur’s obligations if the Entrepreneur has failed in the
fulfilment of his part of the agreement.
3. ‘Extra guarantee’ is
taken to mean each obligation by the Entrepreneur, his Supplier, Importer
or Manufacturer in whom he assigns certain rights or claims to the
Consumer that go further than he is legally required in case he
fails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
1. The Entrepreneur shall
exercise the best possible care when booking orders and executing product
orders and when assessing requests for the provision of services.
2.
The place of delivery is at the address given by the Consumer to the
Entrepreneur.
3. With due observance of the stipulations in
Article 4 of these General Terms and Conditions, the Entrepreneur shall
execute accepted orders with convenient speed but at least within 30 days,
unless another delivery period was agreed on. If the delivery has been
delayed, or if an order cannot be filled or can be filled only
partially, the Consumer shall be informed about this within one month
after ordering. In such cases, the Consumer is entitled to repudiate the
contract free of charge and with the right to possible compensation.
4.
After repudiation in conformity with the preceding paragraph, the
Entrepreneur shall return the payment made by the Consumer promptly but
at least within 30 days after repudiation.
5. The risk of loss
and/or damage to products will be borne by the Entrepreneur until the time
of delivery to the Consumer or a representative appointed in advance and
made known to the Consumer, unless explicitly agreed otherwise.
Article 14 – Continuing performance agreements: duration, termination and
renewal
Termination
1. The Consumer may at all times terminate a
contract that was concluded for an indefinite time and which extends to
the regular delivery of products (including electricity) or services, with
due observance of the termination rules and subject to not more than one
month’s notice.
2. The Consumer may at all times terminate a contract
that was concluded for a specific time and which extends to the regular
delivery of products (including electricity) or services at the end of the
specific period, with due observance of the termination rules and a
subject to not more than one month’s notice.
3. The Consumer can cancel
the agreements mentioned in the preceding paragraphs:
- at
any time and not be limited to termination at a particular time or in a
given period;
- at least in the same way as
they were concluded by him;
- at all times with the same
notice as the Entrepreneur stipulated for
himself.
Extension
4. An agreement concluded for a
definite period which extends to the regular delivery of products
(including electricity) or services may not be automatically extended or
renewed for a fixed period.
5. Notwithstanding the preceding
paragraph, a contract for a definite period which extends to the regular
delivery of dailies, newspapers, weekly newspapers and magazines, may
tacitly be renewed for specific period of three months at the most if the
Consumer can terminate this extended agreement towards the end of the
extension with a notice of one month at the most.
6. An
agreement concluded for a definite period and which extends to the regular
delivery of products or services may only be extended tacitly for an
indefinite period if the Consumer can cancel it at any time with a notice
of one month. The notice is three months at the most in vase the contract
is about a delivery of dailies, newspapers and weeklies and magazines
occurring regularly but less than once a month.
7. An
agreement with limited duration of regular delivery of trial dailies,
newspapers, weeklies and magazines (trial or introductory subscription) is
not renewed tacitly and ends automatically after the trial or introductory
period.
Duration
8. If the duration of a contract is more than one
year, the Consumer may terminate the contract at any time after one year
with a notice of not more than one month, unless reasonableness and
fairness resist the termination before the end of the agreed term.
Article 15 – Payment
1. Unless otherwise stipulated in the agreement or in the additional
conditions, the amounts to be paid by the Consumer must be settled within
14 days after the period of reflection, or if there is no period of
reflection within 14 days after concluding the agreement. In case of an
agreement to provide a service, this period starts on the day that the
Consumer received the confirmation of the agreement.
2. When
selling products to Consumers, it is not permitted to negotiate an advance
payment of more than 50% in the General Terms and Conditions. If an
advance payment was agreed, the Consumer may not assert any right
regarding the execution of the order in question or the service(s) in
question before making the agreed advance payment.
3. The
Consumer has the duty to inform the Entrepreneur promptly of possible
inaccuracies in the payment details that were given or specified.
4. In case the Consumer
has not complied with his payment obligation(s) in time, and the
Entrepreneur has pointed out to him that the payment was late and allowed
the Consumer a period of 14 days to comply with the payment obligations,
the Consumer is to pay the statutory interest on the amount payable and
the Entrepreneur is entitled to charge the Consumer with any extrajudicial
collection costs. These extrajudicial collection costs amount to no more
than 15% for outstanding amounts up to € 2,500, 10% for the following €
2,500 and 5% for the following € 5000, with a minimum of € 40. The
Entrepreneur may deviate from the aforementioned amounts and percentages
in favour of the Consumer.
Article 16 – Complaints procedure
1. The Entrepreneur shall have a sufficiently notified complaints
procedure in place, and shall handle the complaint in accordance with this
complaint procedure.
2. Complaints about the performance of the
contract shall be submitted fully and clearly described to the
Entrepreneur within a reasonable time after the Consumer discovered the
defects
3. The complaints submitted to the
Entrepreneur shall be replied within a period of 14 days after the date of
receipt. Should a complaint require a foreseeable longer time for
handling, the Entrepreneur shall respond within 14 days with a notice of
receipt and an indication when the Consumer can expect a more detailed reply.
Article 17 - Disputes
1. Contracts between the Entrepreneur and the
Consumer to which these General Terms and Conditions apply, are
exclusively governed by Dutch law.
2. With due observance of the
provisions set out below, the disputes between the Consumer and the
Entrepreneur about the formation or the performance of contracts related
to products or services that the Entrepreneur must deliver or has already
delivered can be submitted by both the Consumer and the Entrepreneur to
Geschillencommissie Webshop, Postbus 90600, 2509 LP, The Hague (Den Haag)
(www.sgc.nl).
3. A dispute is handled
by the Disputes Committee [Geschillencommissie] only if the Consumer
submitted his/her complaint to the Entrepreneur within a reasonable
period.
4. The dispute must have been submitted in writing to the
Geschillencommissie Webshop within twelve months after arising of the
dispute.
5. If the Consumer wishes to submit a dispute to the
Geschillencommissie, the Entrepreneur is bound by this choice. When the
Entrepreneur wishes to file the dispute to the Geschillencommissie, the
Consumer must speak out in writing within five weeks after a written
request made by the Entrepreneur whether he so desires or wants the
dispute to be dealt with by the competent court. If the Entrepreneur has
not heard of the Consumer’s option within the period of five weeks, the
Entrepreneur is entitled to submit the dispute to the competent court.
6. The Geschillencommissie’s decision will be made under the
conditions as set out in the rules of the Arbitration Commission (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
A decision made by the Geschillencommissie is a binding advice.
7.
The Disputes Committee will not handle a dispute or will discontinue
handling it if the Entrepreneur is granted a moratorium, goes bankrupt or
actually ended his business activities before the Commission has handled a
dispute at the hearing and delivered a final award.
8. If in
addition to the Geschillencommissie Webshop another disputes committee
recognised by or affiliated with the Stichting Geschillencommissies voor
Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or
the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial
Services Complaints Board] is competent, the disputes that are mainly
related to sales methods or distance services.