General terms and conditions
Article 1 – Definitions
Article 2 – Identity of the trader
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 right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Continuing performance contracts: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
ARTICLE 1 – DEFINITIONS
For the purposes of these terms and conditions:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services with respect to a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the performance of a profession, business or craft and entering into an agreement with the trader;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable data carrier: any (auxiliary) means enabling the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the withdrawal form provided to the consumer by the trader and can be filled in by the consumer when he wants to exercise his right of withdrawal;
Trader: the natural or legal person who offers products and/or (access to) digital content and/or services at a distance to consumers;
Distance contract: an agreement whereby, under a system organised by the trader 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 means of distance communication with the consumer;
Technique for distance communication: means that can be used for concluding a distance contract, without the consumer and trader being in the same room together at the same time;
General Terms and Conditions: the present General Terms and Conditions of the trader.
ARTICLE 2 – TRADER’S IDENTITY
Trader’s name: Equismate
Business address: Waatskamp 4, 6035BT Ospel
E-mail address: Of****@eq*******.com
Chamber of Commerce number: 81862725
VAT identification number: NL8622.48.206B01
Telephone number and time(s) at which the trader can be reached by telephone: 0621946491
ARTICLE 3 – APPLICABILITY
- These general terms and conditions apply to every offer made by the trader and to every distance contract and orders placed between the trader and the consumer.
- Before the conclusion of this distance contract, the text of these terms and conditions is provided to the consumer. If this is not reasonably possible, the consumer will be notified before the distance contract is concluded that the general terms and conditions can be inspected at the trader, in what way they can be inspected and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be notified before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer may at all times invoke the applicable provision that is most favourable to him.
- In the event that one or more provisions of these general terms and conditions are wholly or partially declared null and void or nullified at any time, these general terms and conditions shall otherwise remain in force and the annulled or nullified provision in question shall immediately be replaced in mutual consultation by a provision that is as much as possible in keeping with the purport of the original.
- Situations that are not regulated in these general terms and conditions must be assessed in accordance with these general terms and conditions.
- Any ambiguity with regard to the interpretation or content of one or more provisions of our terms and conditions, must be interpreted in accordance with these terms and conditions.
ARTICLE 4 – THE OFFER
- If an offer is valid for a limited period of time or subject to conditions with suspensive or resolutive effect, or any other condition, this shall be expressly stated in the offer.
- The trader’s offer is without obligation. The trader is entitled to change and amend the offer.
- The trader’s offer contains a description of the products and/or services offered, which must be complete and accurate at all times. The offer includes a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. Should the trader use any images implying that these images show the offered product, then these must be a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer shall not bind the trader.
- Product images are a true representation of the products offered. However, the trader cannot guarantee that the colours shown correspond exactly with the real colours of the products.
- Each offer contains information to such extent that the rights and obligations attached to the acceptance of the offer are clear to the consumer. These particularly include:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
- either or not the amount of the charge for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic charge for the means of communication used;
- whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer;
- the minimum duration of the distance contract in the case of a continuing performance contract.
- application of the right of withdrawal;
- the method of payment, delivery and execution of the agreement.
ARTICLE 5 – THE AGREEMENT
- Subject to the provisions of paragraph 4, the agreement shall have been concluded when the consumer accepts the offer and meets the conditions set.
- If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of such acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
- Within the limits of the law, the trader may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has valid grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- The trader will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, send it along, at the latest upon delivery of the product or service or the digital content:
- the visiting address of the establishment of the trader which the consumer can use in case of any complaints;
- the conditions on which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- information on warranties and existing after-sales service;
- the price, including taxes, of the product, service or digital content;
- the costs of delivery, where applicable;
- the method of payment, delivery or execution of the distance contract;
- the requirements for termination of the contract if the contract has a term of more than one year or has an indefinite term;
- in the event that the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a continuing performance contract, the provision of the previous paragraph shall only apply to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
For delivery of products:
- When purchasing products, the consumer has the option of dissolving the contract without stating reasons for a period of 14 days.
- This cooling-off period shall commence on the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the trader.
- the consumer has ordered several products in the same order, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the last product. Provided that he has clearly informed the consumer prior to the ordering process, the trader may refuse an order of multiple products with different delivery times;
- the delivery of a product consists of several consignments or parts, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the last consignment or the last part;
- the agreement extends to the regular delivery of products during a certain period, the reflection period commences on the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
- Where a service contract or a contract for the supply of digital content is not supplied on a tangible medium, the consumer may dissolve the contract for a period of fourteen days without stating reasons. Those fourteen days start on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
- If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received such information.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader within 14 days after receipt of the product. The consumer must notify the trader through the model form. After the consumer has notified the trader of his wish to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through a proof of dispatch.
ARTICLE 7 – COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
- If the consumer exercises the right of withdrawal, he shall bear no more than the costs of returning the goods.
- The trader will refund the purchase amount as soon as possible, yet no later than 14 days after the withdrawal in the same way as the method used by the consumer. Receipt by the merchant or conclusive proof of complete return is required.
- Any reduction in value of the product caused by careless handling shall be borne by the consumer. This can not be appealed to if the trader has not provided all legally required information regarding the right of withdrawal. This must be done before conclusion of the purchase agreement.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
- The right of withdrawal can only be excluded if the trader has clearly stated this in the offer, i.e. in good time before the conclusion of the agreement, and if it concerns one of the products listed in paragraphs 2 and 3.
- Exclusion is only possible for the following products:
- those that have been produced by the trader according to the specifications stated by the consumer;
- which are clearly personal in nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market, which the trader has no influence of;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
- Exclusion is only possible for the following services:
- concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
- the delivery of which has been started with the express consent of the consumer before the cooling-off period has expired;
- services concerning bets and lotteries.
ARTICLE 9 – PRICE
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the trader may offer products or services the prices of which are subject to fluctuations in the financial market and which the trader has no influence of, with variable prices. These fluctuations and the fact that any prices quoted 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 agreement are only allowed if the trader has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the contract from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services are inclusive of VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product according to the incorrect price.
ARTICLE 10 – GUARANTEE AND CONFORMITY
- The trader guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims the consumer can assert against the trader under the agreement. This is understood to mean any undertaking by the proprietor, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond those which the consumer is legally obliged to if he has failed to fulfil his part of the contract.
- Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks after delivery. Products must be returned in their original packaging and in a new condition.
- The guarantee does not apply if:
- The consumer has repaired and/or processed the delivered products by himself or has had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the trader and/or have been treated on the packaging;
- The defect is wholly or partly the result of regulations imposed or to be imposed by the government with regard to the nature or the quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
- The trader will take all due care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has notified the company of.
- Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with all due speed, yet 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 cannot or only partially be carried out, the consumer will receive notification of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a term does not entitle the consumer to any compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, and at the latest within 14 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the trader will make every effort to provide a replacement article. It must be clearly and comprehensibly stated that a replacement article will be delivered no later than upon delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.
- The risk of damage and/or loss of products is vested with the trader up to the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.
ARTICLE 12 – CONTINUING PERFORMANCE CONTRACTS: DURATION, TERMINATION AND RENEWAL
- The consumer may at any time cancel an agreement concluded for an indefinite period of time, which extends to the regular deliveries of products (including electricity) or services, subject to agreed termination rules and a notice of up to one month.
- The consumer may at any time by the end of the definite period of time cancel an agreement concluded for a definite period of time, which extends to the regular deliveries of products (including electricity) or services, subject to agreed termination rules and a notice of up to one month.
- With regard to the agreements referred to in the previous paragraphs, the consumer may:
- terminate them at any time and not be limited to termination at a specific time or in a specific period of time;
- at least give notice of termination in the same manner as they have been entered into by him;
- always terminate with the same term of notice as the trader has stipulated for himself.
- An agreement entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time.
- Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily and weekly magazines, newspapers and journals may be tacitly renewed for a definite period of up to three months, if the consumer may terminate the renewed agreement by the end of the renewal with a term of notice of up to one month.
- A fixed-term agreement that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at any time terminate with a term of notice of up to one month and with a term of notice of up to three months if the agreement is for the regular, yet less than once a month, delivery of daily and weekly magazines, newspapers and journals.
- An agreement with a limited duration for the regular delivery of daily and weekly magazines, newspapers and journals (trial or introductory subscription) shall not be tacitly continued and end automatically by the end of the trial or introductory period.
- If an agreement has a term of more than one year, after one year the consumer may terminate the contract at any time with a term of notice of up to one month, unless termination before the end of the agreed term is not in accordance with reasonableness and fairness.
ARTICLE 13 – PAYMENT
- Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer has an obligation to report any inaccuracies in the payment details provided or stated to the trader without delay.
- In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer any costs reasonably incurred in advance.
ARTICLE 14 – COMPLAINTS PROCEDURE
- The trader shall provide a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the trader within a reasonable time after the consumer has discovered the defects, with a complete and clear description.
- Complaints submitted to the trader will be responded to within a period of 14 days from the date of receipt. If it is anticipated that a complaint requires a longer processing time, the trader will answer within the period of 14 days with a confirmation of receipt and an indication as to when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
ARTICLE 15 – DISPUTES
Agreements between the trader and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
ARTICLE 16 – ADDITIONAL OR DEVIATING PROVISIONS
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be set down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.