Terms and conditions
Article 1 - DefinitionsIn these terms and conditions shall apply:
- Entrepreneur: the natural or legal products and / or remote services and consumer services;
- Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Distance contract: an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room;
- Grace period: The period during which the Consumers can make use of his right of withdrawal;
- Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
- Day: calendar;
- Transaction Duration: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the traderAF van der Wal-Schmidt
Marconi Street 18
1276 ET Houses (this is not a physical address)
In the case of collection will be through the mail to make an appointment.
Phone: 06-18120985 (available Mon / Fri from 09:00 to 18:00)
E-mail address: [email protected]
Chamber of Commerce number: 50701355 VAT number: GB 1702.55.803.B01
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow. Proper assessment of the offer by the consumer If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer does not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer
- This concerns in particular: the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be achieved and what actions are required;
- whether or not to apply the right of withdrawal;
- the method of payment, delivery or performance of the contract;
- The deadline for accepting the offer, or the deadline for doing maintenance of the price;
- the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
- if the contract is filed, how this is to consult the consumer after the conclusion;
- the manner in which the consumer can obtain information, for concluding the agreement by him popular acts and the way he can recover before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract in the event of a contract, including continuous or periodic delivery of products or services.
Article 5 - The contract
- The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
- The entrepreneur can - within the law - to inform or to satisfy the consumers of its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to conclude the contract, he is entitled to refuse an order or application or to bind. Implement special conditions
- The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
- the visiting address of the establishment of the business where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
- information on existing after sales service and guarantees;
- 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 performance of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
- if the consumer has a right of withdrawal, the model withdrawal form.
6. If the entrepreneur is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 - Right of withdrawal
- The consumer may terminate an agreement regarding the purchase of a product for a cooling off period of 14 days without giving reasons. The operator may ask the consumer to the reason for withdrawal, but not commit to stating his reason (s).
- The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a pre-designated by the consumer third party other than the carrier has received the product or:
- as consumers in the same order has ordered several products: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided that he has clearly informed, from the consumer prior to the ordering process on refuse an order for multiple products with different delivery.
- as the supply of a product consisting of multiple lots or pieces: the day on which the consumer receives, or a third party designated by him, the last shipment or the last part;
- in contracts for regular delivery of goods 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 which is not supplied on a tangible medium:
- The consumer has a service contract and a contract for the supply of digital content which is not supplied for at least 14 days without giving any reason terminate. On a tangible medium The operator may ask the consumer to the reason for withdrawal, but not commit to stating his reason (s).
- The cooling-off period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.
Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
- If the Consumer does not provide the mandatory information on the right of withdrawal and the model withdrawal form the reflection expire twelve months after the end of the original, in accordance with the preceding paragraphs of this Article shall reflection.
- If the entrepreneur has provided within twelve months after the effective date of the initial grace period, the information referred to in the preceding paragraph to the consumer passes the cooling 14 days after the day on which the consumer receives that information.
Article 7 - Obligations of the consumer during the reflection
- During this period the consumer will treat the product and packaging. He will only extract the product, or use to the extent that is necessary in order to determine. The nature, characteristics, and the operation of the product The starting point is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer is liable for the value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
- The consumer is not liable for the value of the product as the company has provided. Him before or at the conclusion of the Agreement, all information required by law about the right of withdrawal
Article 8 - Exercise of the right of withdrawal by the consumer and cost of
- If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by means of the model withdrawal form or any other unequivocal manner to the entrepreneur.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send back the product, whether he hands it to (a representative of) the entrepreneur. This does not work if the trader has offered to collect the product yourself. Off The consumer has the return postage period observed in any case as to return the product before the period has expired.
- The consumer shall send back the product with all accessories, if reasonably possible, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the business owner.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct cost of returning the product. If the trader has not notified the consumer must bear these costs, or if the operator indicates to bear the costs, the consumer does not have to bear the cost. Return for
- If the consumer withdraws after first explicitly requested that the provision of the service or supply of gas, water or electricity, they are not put up for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer, the entrepreneur amount payable in proportion to that part of the obligation that is fulfilled at the time of withdrawal, compared to the complete fulfillment of the commitment by the entrepreneur.
- The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, they are not put up for sale in a limited volume or quantity, or the supply of district heating, if:
- the Consumer has not provided the information required by law about the right of withdrawal, the allowance for revocation or the model withdrawal form or;
- the consumer has not expressly requested. commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection
- The consumer shall bear no cost for the full or partial delivery of digital content not supplied on a tangible medium, where:
- he has not consented to the beginning of the fulfillment of the agreement before the end of the waiting period prior to its delivery explicitly;
- he has not acknowledged losing when giving his consent his right of withdrawal; or
- the trader has failed to confirm this statement. consumer
- If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically terminated.
Article 9 - Obligations of the trader in case of withdrawal
- If the trader makes possible the notification of withdrawal by the consumer in electronic form, it sends this message immediately after receiving an acknowledgment.
- The trader shall reimburse any payment from the consumer, including any delivery costs charged by the operator for the returned product without delay but within 14 days following the day on which the consumer reports it the withdrawal. Unless offering the entrepreneur to get the product itself off, he should wait until he has received to repay the product or the consumer can demonstrate that he has returned to the product, whichever is earlier.
- The entrepreneur used to repay the same currency that the consumer, unless the consumer agrees to a different method. The repayment is free for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the need for additional costs for expensive not to repay. Favor
Article 10 - Exclusion of right of withdrawal
The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:
- Products or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
- Contracts concluded at a public auction. Under a public auction means a method of sale where goods, digital content and / or services offered to consumers present in person or get the opportunity to be at the auction, led by an auctioneer, in person and in which the trader successful bidder is bound to the products, to comply with digital content and / or services;
- Service contracts, after the completion of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal once the trader has fully performed the contract;
- Service Agreements for provision of accommodation, as in the contract a specific date or period of performance features and different for residential, freight, car rental and catering services;
- Agreements relating to leisure, as the agreement has a specific date or period of implementation;
- According to the consumer's specifications manufactured products, which are not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products for reasons of health protection or hygiene are not suitable to be returned and which the seal is broken after delivery;
- Products after delivery to their nature, inseparably mixed with other products;
- Alcoholic beverages, the price has been agreed at the conclusion of the contract, the delivery of which can take place after 30 days, and the actual value is dependent on fluctuations in the market where the trader has no influence only;
- Sealed audio, video recordings and computer software, which the seal is broken after delivery;
- Newspapers, periodicals or magazines, except for subscriptions to this;
- The supply of digital content not supplied on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- consumers stated that he thus loses his right of withdrawal.
Article 11 - The price
- During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases from 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
a) they are the result of legislation or regulations; or
b) the consumer has the power to terminate at the date the increase takes effect.
- The supply of products or services mentioned prices include VAT.
Article 12 - Conformity and Guarantee
- The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
- An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.
Article 13 - Delivery and execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has. Known to the company
- Subject to what is stated in Article 4 of these terms and conditions the company will implement accepted orders expeditiously but not later than 30 days unless a longer period has been agreed. If the delivery is delayed, or if an order can not be carried out only partially, the consumer receives them no later than one month after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
- In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, be paid no later than 30 days after repudiation.
- If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item available. Before the delivery will be notified that a replacement item is delivered. Clear and comprehensible manner For replacement items may right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
- The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 14 - Duration Trades: duration, termination and renewal
- The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce in compliance with the applicable termination rules and a notice of one month.
- The consumer may contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of exceeding one month.
- Consumers can the agreements mentioned in the preceding paragraphs:
- any time to denounce and not be limited to termination at any particular time or in a given period;
- terminate them in the same way as they are concluded;
- Cancel at the same notice as the company has negotiated for itself.
- A contract concluded for a definite period, which extends to the regular delivery of products (including electricity) or services should not be tacitly renewed or extended for a specified period.
- Notwithstanding the preceding paragraph, an agreement was concluded for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines may be extended for a specific period of three months, if the consumer extended by tacit agreement the end of the extension may terminate with notice of one month.
- A contract for a definite period, which extends to the regular delivery of goods or services may only be extended if the consumer may terminate with notice of one month. Always tacitly indefinitely The notice period is more than three months in case the agreement extends to the regular, but less than once a month, delivering daily news and weekly newspapers and magazines.
- An agreement with a limited duration of the regular delivery of daily news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued ends automatically after the trial or introductory.
- If a contract has a duration of more than one year, the consumer may terminate after one year unless the reasonableness and fairness dictate the termination before the end of the agreed term. Agreement at any time with a notice period of one month,
Article 15 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or in the case of a contract to provide a service, within 14 days after issuance of the documents relating to this.
- When selling products to consumers are stipulated. In terms never a prepayment of more than 50% If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s) before the advance payment has been made.
- The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
- In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known
Article 16 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
- Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of 14 days responded with an acknowledgment of the receipt and indicating when the consumer can expect. A more detailed answer
Article 17 Intellectual property.
The Buyer acknowledges that all intellectual property rights in the information, communications or other expressions concerning the products and / or with respect to the web site at Bird Product Catalog, its suppliers or other claimants.
Article 18 Personal.
Article 19 Applicable law and jurisdiction.
All offers of Bird Product Catalog, its agreements and their implementation are subject to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 20 Links
Site Bird Product Catalog may contain third party advertisements or links to other sites. In the privacy policies of these third party sites Vogel Webshop Item no influence and is therefore not liable.
Article 21 Your Rights
You can always ask what information about you will be processed. Vogel Product Catalog To do this, please send an e-mail. You can also e-mail questions to bring that Bird Product Catalog will process. Earliest possible improvements, additions or other corrections Bird Product Catalog If you no longer wish to receive information please Bird Product Catalog set thereof. Transmission of information occurs only if you receive your e-mail address.
Article 22 - Additional or different terms
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner