Table of Contents:
Article 1 - Definitions.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability.
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal.
Article 9 - The price
Article 10 - Warranty
Article 11 - Examination and complaints
Article 12 - Liability
Article 13 - Returns and cancellations
Article 14 - Delivery and execution
Article 15 - Duration transactions: duration, termination and renewal
Article 16 - Payment
Article 17 - Complaints procedure
Article 18 - Disputes.
Article 19 - Entry into force
Article 1 - Definitions.
In these terms and conditions, the following definitions shall apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. 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;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
8. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.
Article 2 - Identity of the entrepreneur
VanosRepair
Haspelweg 3,5751 JH, DEURNE
Email address: info@vanosrepair.nl
Chamber of Commerce number: 56444052
Btw-identificatienummer: NL001888450B72
Article 3 - Applicability.
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. 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 inspected at the entrepreneur and they will be sent free of charge as soon as possible at the consumer's request.
3. 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 may 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 conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
> the price including taxes;
> the cost of delivery, if any;
> the manner in which the agreement will be established and what actions are necessary to do so;
> whether or not the right of withdrawal applies;
> the method of payment, delivery and performance of the agreement;
> the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
> the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
> whether the agreement will be archived after its conclusion, and if so in what way it can be accessed by the consumer;
> the manner in which the consumer, before the conclusion of the agreement, can check and, if desired, rectify the data provided by him in the context of the agreement;
> any other languages in which, in addition to Dutch, the agreement may be concluded;
> the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and
> the minimum duration of the distance contract in the case of an endurance transaction.
Article 5 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may - 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader's branch where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
1.When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day of receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied 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.
3. You have another 14 days after notification of return, to actually return it.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the cost of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
Article 8 - Exclusion of the right of withdrawal.
1. The trader can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 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 contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with consumer specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that may spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery began with the consumer's express consent before the cooling-off period expired;
c. concerning betting and lotteries.
Article 9 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding 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, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. these are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT (deposit is excluded from VAT).
Article 10 - Warranty
1. The entrepreneur only guarantees the quality of the products in the condition they are in at the time of delivery, and only guarantees that the products have the properties necessary for their normal use.
2. The warranty implies that the entrepreneur will replace the products after receiving the returned products. Guarantee does not oblige the entrepreneur to credit invoice amounts.
3. The guarantee applies only if the client has fulfilled all his obligations to the entrepreneur
4. The warranty does not apply if the defectiveness of the product(s) delivered by the Company is the result of incorrect assembly by the Buyer or by third parties.
5. The warranty also does not apply if the defect is the result of injudicious or improper use, or when, without written permission from the Company, the Buyer or third parties have made changes or attempted to make changes to the product or have used it for purposes for which the item is not intended.
Article 11 - Examination and complaints
1. The buyer is obliged to check the items immediately upon delivery for defects and or damage.
2. Visible shortcomings should be reported to the entrepreneur in writing within three days post-delivery with a comprehensible description of the complaint, handing over the product in its original packaging.
3. Non-visible shortcomings should be reported to the proprietor in writing within eight days of discovery but no later than within the guarantee period, giving an understandable description of the shortcoming. After the warranty period has expired, the entrepreneur is entitled to charge all costs for repair or replacement, administration and shipping costs.
4. After the expiry of the periods mentioned in paragraphs 10.2 and 10.3, it is deemed, that the Company has correctly fulfilled its obligations and the Buyer has acknowledged the delivered goods as correct and meeting the Buyer's expectations.
5. If a complaint is submitted in time, the Buyer will remain obliged to purchase and pay for the product delivered. If the Buyer wishes to return defective goods, it shall do so under the conditions set out in Article 14.
Article 12 - Liability
1. Without prejudice to the warranty provisions, the proprietor excludes any further liability to the client or a third party for any damage, on any grounds whatsoever, including all direct and indirect damage, such as damage to the products, consequential damage or trading loss, with the exception of liability for damage caused by intent or gross negligence on the part of the proprietor, or employees and/or auxiliary persons engaged by the proprietor.
2. If and insofar as the Entrepreneur may be subject to any liability, for whatever reason, the total liability of the Entrepreneur shall at all times be limited to the triple of the invoice amount with a maximum of Euro 750,- per claim or related series of cases, without prejudice to liability under Title 3, Section 3 of Book 6 of the Dutch Civil Code as well as coverage from our liability insurers.
3. The client indemnifies the entrepreneur for all claims by third parties due to damage, occurring due to or in connection with the products and services provided by the entrepreneur, unless the damage was caused by gross negligence or intent on the part of the entrepreneur, its employees and/or auxiliary persons it engages.
Article 13 - returns and cancellations
1. Without prejudice to the provisions elsewhere in these Terms and Conditions, orders accepted by the entrepreneur cannot be canceled, and products delivered by the entrepreneur cannot be taken back or exchanged, if the products and/or packaging are not in good condition.
2. Never will products that were or are out of stock with the entrepreneur, and products purchased specifically for the client, be eligible for cancellation, return or exchange, if the products and/or packaging are not in good condition.
3. When returning goods, the entrepreneur should always be contacted in advance in writing.
4. Return of products other than because of faulty delivery is only possible if the entrepreneur has agreed to this in writing in advance.
5. Returns must be accompanied by a copy of the entrepreneur's invoice. Items that cannot be shown to have been delivered by the entrepreneur are not eligible for credit.
6. Items whose quantity does not match the standard packing unit are not eligible for credit.
7. Credit notes relating to products returned by the client will be calculated according to the prices and discounts applicable on the date of crediting. However, the amount of the credit note will never exceed the amount of the related invoice.
8. Goods should be properly packed to prevent shipping damage.
9. Goods must always be returned FRANKED. Unstamped returns will always be refused by us. Note: This also applies to items returned to us for warranty evaluation.
10. Goods returned due to incorrect shipping by the entrepreneur will not be charged with handling and freight charges! We will organize the handling of these goods in consultation with You.
Article 14 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 15 - Duration transactions: duration, termination and renewal
Termination
1. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may the agreements mentioned in the previous paragraphs:
> cancel at any time and not be limited to cancellation at a particular time or period;
> at least terminate them in the same manner as they were entered into by him;
> always terminate with the same notice as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a definite period of time, the purpose of which is the regular delivery of products or services, may not be tacitly extended or renewed for a definite period of time.
2. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
3. A fixed-term contract that was concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement of limited duration to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 16 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
4. In case of non-payment 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 17 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. 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 the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement procedure.
Article 18 - Disputes.
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Article 19 - Entry into force
These General Delivery Terms and Conditions of VanosRepair.nl became effective as of January 2013.
As of Feb. 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere you are free to file your complaint through the European Union platform.