Terms and Conditions

General Terms and Conditions for members of Stichting WebwinkelKeur

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 revocation

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings

1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

2. Consumer: the natural person who is not acting in the exercise of a profession or business and a distance contract with the entrepreneur;

3. Day: calendar day;

4. Transaction Duration: a distance contract relating to a series of products and / or services, whose supply and / or purchase is spread over time;

5. Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

7. Model form: the model withdrawal form that the trader makes available to a consumer who can fill in when he wants to exercise his right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;

9. Distance contract: a contract whereby, within the framework of a system organized by the trader for distance selling of products and / or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

10. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and trader being in the same place at the same time.

11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Industrie- en Handelsonderneming Huberts bv, trade name Huvema;

Kennedylaan 14, 5466 AA Veghel;

Telephone number: 0413-342275 from Monday to Thursday from 08.30 to 17.00 hrs; on Friday until 16.00 hrs.

E-mailadres:info@huvema.nl

CoC number: 16028008

VAT identification number: NL003107905B01

Article 3 - Applicability

1. These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded and orders placed between the entrepreneur and the consumer.

2. Before concluding a distance contract, 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 trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, electronically or otherwise.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, then the agreement and these terms and conditions will otherwise remain in force and the relevant provision will immediately be replaced by a provision that approaches the purport of the original as much as possible.

6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7. Uncertainties about the interpretation or content of one or more of these general terms and conditions.

 

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

5. Product images are a true representation of the products on offer. The Entrepreneur cannot guarantee that the colours shown correspond exactly to the real colours of the products.

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular:

o the price including taxes;

o the costs of shipment, if any;

o the way in which the agreement will be concluded and which actions are necessary for this;

o whether or not the right of withdrawal applies;

o the method of payment, delivery and execution of the agreement;

o the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

o the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;

o whether the agreement will be archived after it has been concluded, and if so in what way it can be consulted by the consumer;

o the way in which the consumer, before concluding the contract, can check the information provided by him within the framework of the contract and, if desired, correct it;

o any other languages in which, in addition to Dutch, the agreement can be concluded;

o the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

o the minimum duration of the distance contract in the case of a long-term transaction.

 

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur can - within the law - inform himself whether the consumer can fulfill 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 research, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.

5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:

a. the visiting address of the establishment of the entrepreneur where the consumer with complaints can go;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing after-sales service;

d. the information contained in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information prior to the execution of the contract;

e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option of dissolving the contract, without giving reasons, for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

2. During the cooling-off 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 use the product with all delivered accessories and - if reasonably possible - in the following cases return the original condition and packaging to the Entrepreneur, in accordance with the Entrepreneur's reasonable and clear instructions.

3. If the consumer wishes to exercise his right of withdrawal, he is obliged within 14 days, after receipt of the product, to notify the trader. The consumer should make it known by means of the model form. After the consumer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of dispatch.

4. If the customer, after the expiry of the periods referred to in paragraphs 2 and 3, has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

 

Article 7 - Costs in case of revocation

1. If the consumer makes use of his right of withdrawal, he shall be liable for no more than the costs of returning the goods.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after cancellation. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

 

Article 8 - Exclusion of the right of withdrawal

1. The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader 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 trader in accordance with the consumer's specifications;

b. which are clearly of a personal nature;

c. which by their nature cannot be returned;

d. which can quickly deteriorate or age;

e. the price of which is subject to fluctuations in the financial market over which the proprietor has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;

b. of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;

c. concerning bets and lotteries.

 

Article 9 - The price

1. 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 as a result of changes in VAT rates.

2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any prices mentioned are target prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services are inclusive of VAT.

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

 

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

3. Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 3 days of delivery. The products must be returned in their original packaging and in a new condition.

4. The guarantee period of the trader corresponds to the factory guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The guarantee does not apply if:

o The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or modified by third parties;

o The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in conflict with the instructions of the proprietor and/or have been handled on the packaging;

o The inadequacy is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders for products and in assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has given to the company.

3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but 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 can only partially be carried out, the consumer will be informed of this within 30 days after he has 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.

4. All delivery times are indicative. The consumer cannot derive any rights from any of the terms mentioned. Exceeding a term does not entitle the consumer to compensation.

5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

6. If delivery of an ordered product turns out to be impossible, the Entrepreneur shall make every effort to make a replacement product available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

7. The risk of damage and / or loss of products rests with the operator up to the time of delivery to the consumer or a previously designated and announced representative to the operator, unless otherwise expressly agreed.

 

Article 12 - Duration transactions: duration, termination and extension

Termination

1. The consumer may terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a period of notice that does not exceed one month.

2. The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.

3. The consumer can use the agreements mentioned in the previous paragraphs:

o terminate at all times and not be limited to termination at a certain time or in a certain period;

o at least terminate in the same way as they were entered into by him;

o always terminate with the same period of notice as the entrepreneur has stipulated for himself.

 

Extension

4. A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

5. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly prolonged for a fixed term that does not exceed three months, if the consumer terminates this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.

6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period of notice that does not exceed three months if the contract concerns the regular supply of daily or weekly newspapers or magazines but less than once per month.

7. A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) will not be tacitly continued and will automatically terminate at the end of the trial or introductory period.

 

Duration

8. 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 of up to one month, unless the reasonableness and fairness resisting termination before the end of the agreed period.

 

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In case of a contract to provide a service, this period commences after the consumer has received the confirmation of the contract.

2. The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the trader.

3. In the event of non-payment on the part of the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs made known to him in advance.

 

Article 14 - Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, clearly described and in full.

3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a message 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 subject to the dispute settlement procedure.

5. Complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached yet, the consumer has the option to have his complaint handled by Stichting GeschilOnline, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this Disputes Committee involves costs that the consumer must pay to the committee in question.

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law. Even if the consumer is living abroad.

2. The Vienna Sales Convention does not apply.

 Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be in writing.