Terms and Conditions
TERMS AND CONDITIONS
Article 1 - Definitions
These conditions apply below:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services associated with a distance agreement and these matters, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an appointment between that third party and the entrepreneur;
- Reflection: the period within which the consumer can use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital Content: data produced and supplied in digital form;
- Duration contract: an agreement that stretches to the regular delivery of cases, services and / or digital content during a certain period;
- Sustainable data carrier: Any tool - including e-mail - which enables the consumer or entrepreneur to store information that is personal to him personally in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
- Right of withdrawal: the possibility of the consumer to refrain from remotely to be seen within the reflection time;
- Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and products, (access to) digital content and / or remote services to consumers;
- Remote agreement: An agreement concluded between the entrepreneur and the consumer in the context of an organized system for remote sales of products, digital content and / or services, whereby one is made exclusively or co-used up to and including the conclusion of the agreement or more remote communication techniques;
- Model form for revocation: the European Model Form for Revocation in Annex I to these Terms and Conditions; Annex I does not have to be made available if the consumer has no withdrawal rights in respect of his order;
- Technology for remote communication: Resource that can be used to conclude an agreement, without consumer and entrepreneur having to have joined the same room simultaneously.
Article 2 - Identity of the entrepreneur
Name Entrepreneur: okimono e.g.
Acting under the name / names: okimono
Telephone number: 026 2022948
Access: from Monday to Friday from 10 a.m. to 4 p.m.
E-mail address: email@example.com
KVK number: 58965017
VAT number: nl853257693B01
Article 3 - Applicability
- These general terms and conditions apply to every offer of the entrepreneur and at a distance agreement between entrepreneur and consumer.
- Before the remote agreement is concluded, the text of these general terms and conditions is made available to consumers. If this is not reasonably possible, the entrepreneur will indicate before the agreement is concluded, indicating how the general terms and conditions in the entrepreneur can be viewed and that they are sent free of charge at the request of the consumer.
- If the remote agreement is closed electronically, it is possible to deviate from the previous paragraph and before the remote agreement, the text of these General Terms and Conditions by electronic means to the consumer are made in such a way that it is assumed by the consumer A simple way can be stored on a sustainable data carrier. If this is reasonably not possible, before the remote agreement is concluded, it will be stated where of the general terms and conditions can be taken electronically and that they will be sent electronically or in other ways at the request of the consumer.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph applies mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him .
Article 4 - The offer
- If an offer has a limited validity period or is subject to conditions, this is explicitly stated in the supply.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by consumers possible. If the entrepreneur uses images, these are a truthful representation of the products, services and / or digital content offered. Apparent errors or apparent errors in the range do not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and complying with the conditions laid down.
- If the consumer has accepted the supply by electronic means, the entrepreneur immediately confirms the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can decompose the agreement.
- If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures to this.
- Within legal frameworks, the entrepreneur may notify whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a separate agreement. On the basis of this investigation, if the entrepreneur has good grounds to not enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to implementation.
- The entrepreneur will submit the following information, in writing or in such a way that this consumer can be stored in a sustainable data carrier, no later than such a manner at the latest.
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- The conditions under which the rights in which the Consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all taxes of the product, service or digital content; where applicable the cost of delivery; and the method of payment, delivery or implementation of the remote agreement;
- The requirements for cancellation of the agreement if the agreement has a duration of more than one year or of an indefinite period;
- If the consumer has a right of withdrawal, the cancellation model form.
- In the event of a duration transaction, the provision in the previous paragraph only applies to first delivery.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer to the reason for withdrawal, but it does not oblige it to stipulate his reason (s).
- The reflection time referred to in paragraph 1 shall continue on the day after the consumer, or a third party designated by the consumer, who is not the carrier has received the product, or:
- If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has informed the consumer here prior to the ordering process, refuse an order of multiple products with a different delivery time.
- If the delivery of a product consists of various shipments or components: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- In agreements 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 that has not been supplied on a material carrier:
- The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been supplied on a material carrier for 14 days without giving reasons. The entrepreneur may ask the consumer to the reason for withdrawal, but it does not oblige it to stipulate his reason (s).
- The reflection time referred to in paragraph 3 shall enter the day following the conclusion of the agreement.
Extended reflection time for products, services and digital content that is not provided on a substantive carrier upon unauthorized with regard to withdrawal right:
- If the entrepreneur has not provided the consumer the statutory information about the right of withdrawal or the model form for revocation, the reflection time decreases twelve months after the end of the original, in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection time, the reflection time expires 14 days after the day on which the consumer has received that information.
Article 7 - Consumer obligations during the reflection time
- During the reflection time, consumers will handle the product and packaging carefully. He will only unpack or use the product to the extent that it is necessary to determine the nature, characteristics and operation of the product. The starting point here is that consumers can only handle and inspect the product as he should do in a store.
- The consumer is only liable for impairment of the product that is the result of a way of dealing with the product that goes beyond paragraph 1.
- The consumer is not liable for impairment of the product if the entrepreneur did not provide him for or in the conclusion of the agreement all legally required information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer uses his right of withdrawal, he reports this within the reflection period through the model form for withdrawal or other unambiguous manner to the entrepreneur.
- As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer sends the product back, or hand over it (an authorized person from) the entrepreneur. This does not have to collect the product itself if the entrepreneur has offered. The consumer has in any case observed the return time when he returns the product before the reflection time has elapsed.
- The consumer sends the product back with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates the costs themselves, the consumer does not have to bear the costs for return.
- If the consumer recognizes, first to have asked that the transaction of the service or the delivery of gas, water or electricity that is not ready for sale in a limited volume or quantity starts during the reflection time, the consumer is the entrepreneur a Amount owes that proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal compared to the full fulfillment of the commitment.
- The consumer does not bear costs for the performance of services or the delivery of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or to the delivery of district heating, if:
- the entrepreneur the consumer has not provided the statutory information on the right of withdrawal, the cost reimbursement if the cancellation form for revocation, or;
- The consumer has not explicitly requested the start of the execution of the service or delivery of gas, water, electricity or district heating during the reflection time.
- The consumer does not bear costs for the full or partial delivery of digital content supplied on a substantive carrier if:
- He has not expressly approved the delivery of the compliance of the agreement before the end of the reflection time;
- He has not recognized to lose his right of withdrawal when granting his permission; or
- The entrepreneur has failed to confirm this statement by the consumer.
- If the consumer uses his right of withdrawal, all additional agreements are bound by law.
Article 9 - Obligations of the entrepreneur upon cancellation
- If the entrepreneur makes the reporting of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur reimburses all consumer payments, including any delivery costs by the entrepreneur charged to the returned product, without delay, but within 14 days following the day on which the consumer reports him to revocation. Unless the entrepreneur offers to collect the product itself, he may wait to repay until he has received the product or until the consumer demonstrates that he has returned the product, according to which time that falls before.
- The entrepreneur uses the same payment method for refund that the consumer has used unless the consumer agrees with a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services of the right of withdrawal, but only if the entrepreneur clearly stated this in the supply, at least timely to the conclusion of the agreement:
- Products or services whose price is bound to fluctuations on the financial market to which the entrepreneur has no influence and that can occur within the withdrawal period
- Agreements that are closed during a public auction. A public auction is understood to mean a sales method where products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or the possibility of being personally present at the auction, led by an auctioneer, and where the Successful bidder is obliged to decrease the products, digital content and / or services;
- Service agreements, after full implementation of the service, but only as:
- The implementation has started with the express prior asset of the consumer; and
- The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur fully carried out the agreement;
- Package trips as referred to in Article 7: 500 of the BW and passenger transport agreements;
- Service agreements for the provision of property, if a certain date or period of implementation is provided in the agreement and other than for residential purposes, freight transport, car rental services and catering;
- Agreements with regard to leisure activities, as a specific date or period of implementation in the Agreement;
- According to consumer specifications, produced products that are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that quickly spoil or have a limited shelf life;
- Sealed products that are not suitable for reducing health protection or hygiene to be returned and whose seal has been broken after delivery;
- Products that are irrevocably mixed with other products after delivery by their nature;
- Alcoholic beverages of which the price has been agreed upon in the conclusion of the agreement, but whose delivery can only take place after 30 days, and the actual value of which depends on fluctuations in the market to which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, whose seal is broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions on this;
- The delivery of digital content other than on a material carrier, but only as:
- The implementation has started with the express prior asset of the consumer; and
- The consumer stated that he loses his right of withdrawal.
Article 11 - The price
- During the validity period specified in the offer, the prices of the products and / or services offered are not increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur does not affect variable prices. This bondage to fluctuations and the fact that any stated prices are target prices are stated in the supply.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has this stipulated and:
- these are the result of legal regulations or provisions; or
- The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.
- The prices mentioned in the range of products or services include VAT.
Article 12 - Compliance agreement and additional guarantee
- The entrepreneur states that the products and / or services meet the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal provisions and legal provisions on the date of the conclusion of the agreement / or Government regulations. If agreed, the entrepreneur also states that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer limited the legal rights and claims that the consumer can assert to the entrepreneur under the Agreement if the entrepreneur has been shortened in the fulfillment of his part of the agreement.
- An additional guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which they granted certain rights or claims to the consumer who goes beyond what it is required by law in case he has fallen in the fulfillment of his part of the agreement .
Article 13 - Delivery and implementation
- The entrepreneur will comply with the greatest possible care when receiving and in the execution of products and the assessment of applications for the provision of services.
- As a place of delivery, the address applies that the consumer has made known to the entrepreneur.
- With due observance of what is specified in Article 4 of these General Terms and Conditions, the entrepreneur will perform accepted orders with a competent emergency but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, the consumer has the right to terminate the agreement without costs and the right to any compensation.
- After dissolution in accordance with the previous member, the entrepreneur will immediately repay the amount that the consumer has paid.
- The risk of damage and / or loss of products is based on the entrepreneur until the moment of delivery to the consumer or a pre-appointed representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
- The consumer can agree an agreement that has been entered into an indefinite period and that regulates the arranged delivery of products (including electricity) or services, at any time with due observance of agreed cancellation rules and a notice period of no more than one month.
- The consumer cancel an agreement that has been entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services, at any time at the end of the limited duration, at the end of the limited duration, with due observance of agreed cancellation rules and a cancellation period of ten Top one month.
- The consumer can agree the agreements mentioned in the previous paragraphs:
- canceling at all times and not limited to cancellation at a specific time or in a certain period;
- at least cancel in the same way if they have been entered into by Him;
- Always cancel with the same cancellation period when the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a fixed time and which stretches to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
- By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed time and that stretches to the regular delivery of day news and weekly newspapers and magazines are tacitly extended for a certain duration of up to three months, as the consumer against this extended agreement The end of the extension can cancel with a notice period of no more than one month.
- An agreement that has been entered into for a fixed time and that stretches to the regulated delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at all times with a notice of notice of no more than one month. The cancellation period is a maximum of three months in the event that the agreement extends to it, but less than once a month, delivering day, news and weekly newspapers and magazines.
- An agreement with a limited duration to the arranged to the acquisition of day, news and weekly newspapers and journals (trial or introductory subscription) is not tacitly continued and automatically ends after the test or introduction period.
- If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time with a notice period from a maximum of one month after a year, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 - Payment
- To the extent that it is not otherwise specified in the Agreement or Additional Terms and Conditions, the amounts due by the consumer must be paid within 14 days after entering into the inventory period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the event of an agreement to grant a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required in general terms and conditions until prepayment of more than 50%. When prepayment has been stipulated, the consumer cannot afford any right regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.
- The consumer has the obligation to report inaccuracies in the entrepreneur to the entrepreneur without delay immediately.
- If the consumer does not meet his payment obligation (s) in time, this after being pointed out by the entrepreneur to the late payment and the entrepreneur has awarded the consumer for a period of 14 days to meet his payment obligations after the Investment of payment within this 14-day period, due to the amount still due to the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% over outstanding amounts to € 2,500; 10% on subsequent € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from said amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
- The entrepreneur has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be fully and clearly defined within skilled time after the consumer has detected defects.
- Complaints submitted to the entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or service from the entrepreneur can also be submitted via a complaint form on the consumer page of the website of Thuiswinkel.org www.thuiswinkel.org. The complaint is then sent to both the relevant entrepreneur and to Thuiswinkel.org.
- The consumer must at least give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute is created that is susceptible to the dispute settlement.
Article 17 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
- Disputes between the consumer and the entrepreneur on the creation or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur may, in accordance with the following, both by consumers and the entrepreneur are submitted to the Thuiswinkel Disputes Committee , PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute is only processed by the Disputes Committee, if the consumer has first submitted his complaint to the entrepreneur within skilled time.
- Does the complaint does not lead to a solution then the dispute must be brought in writing or in a different form to the disputes committee at the latest 12 months after the date on which the consumer submitted to the entrepreneur.
- If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably the consumer first reports this to the entrepreneur.
- If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer will have to express in writing in writing in writing within five weeks of a request in writing whether he also wishes to be treated by the competent court. The entrepreneur does not consume the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee decides under the conditions as laid down in the Rules of Procedure of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/Thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
- The Disputes Committee will not deal with a dispute or strike the treatment if the entrepreneur has been granted to payment of payment, which has become in a state of bankruptcy or has ended its business activities before a dispute has been treated by the Commission at the session and an end-statement has been pointed out.
- If, in addition to the Disputes Committee Thuiswinkel, a different recognized or the Disputes Committees for Consumer Affairs (SGC) or the Financial Services (KIFID) Compounds Institute (KIFID) is competent, for disputes concerning mainly the method of selling or delivering the Disputes Committee Thuiswinkel Preferred Disputes Committee . For all other disputes, the other acknowledged with SGC or KiFID affiliated Disputes Committee.
Article 18 - Industry guarantee
- Thuiswinkel.org guarantees the fulfillment of the binding advice from the Thuiswinkel Disputes Committee by its members unless the member decides to submit binding advice within two months after their dispatch to review. This guarantee, if binding advice has been maintained by the court after review and the judgment from which this appears, has been followed. Up to a maximum amount of € 10,000 per binding opinion, this amount will be paid to the consumer by Thuiswinkel.org. If amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the multiple Homeswinkel.org has an exercise obligation to ensure that the member fulfills binding opinion.
- For application of this warranty, the consumer does a written appeal to this at Thuiswinkel.org and that he transfers his claim to the entrepreneur at Thuiswinkel.org. If the claim on the entrepreneur is more than € 10,000, the consumer is offered to transfer his claim insofar to transfer to Thuiswinkel.org, after which this organization is at your own name and costs There will be right to satisfy consumers.
Article 19 - Additional or deviating provisionsIn addition to these general terms and conditions, provisions of these General Terms and Conditions may not be in writing to be laid down in writing or in such a way that they can be stored in a sustainable data carrier by the consumer in an accessible manner.
Article 20 - Amendment of the General Terms and Conditions of Thuiswinkel
- Thuiswinkel.org will not change these general terms and conditions than in consultation with the Consumers' Association.
- Changes to these Terms and Conditions are only in force after they have been published to that effect, provided that the consumer beneficial for consumers will prevail during the duration of an offer.
Horaplantsoen 20, 6717 Lt Ede
PO Box 7001, 6710 CB Ede
ANNEX I - Model form for revocation
DownloadhereThe Model Form for Revocation
You can send this form to Okimono customer service.
Telephone number: 026 2022948
E-mail address: firstname.lastname@example.org
Monday - Friday: 10:00 to 16:00
Saturday and Sunday: closed