Article 1 – Definitions
Article 2 – Identity of the operator
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs of
Article 9 – Obligations of the trader in case of withdrawal
Article 10 – Exclusion of right
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and implementation
Article 14 – Extended duration transactions: duration, termination and prolongation
Article 15 – Payment
Article 16 – Complaints
Article 17 – Disputes
Article 18 – Additional or different terms
Article 1 – Definitions
In these conditions apply:
Additional agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Grace period: The period within which the consumer can exercise his right of withdrawal
Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
Day: calendar;
Digital content means data which are produced in digital format and delivered;
Consultancy Agreement: an agreement which extends to the regular delivery of goods, services and / or digital content for a certain period;
Durable medium: any device – also including e-mail – that the consumer or business that enables information to him personally is directed to store in a way that future consultation or use over a period appropriate to the purpose for which it was intended; and which allows the unchanged reproduction of the stored information possible
withdrawal: the ability of the consumer to see within the waiting period of the distance contract,
Entrepreneur: the natural or legal products, (access) digital content and / or services offering at distance;
Distance contract means an agreement between the entrepreneur and the consumer is concluded in the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partly made use of one or more means of distance communication;
Model withdrawal form: in Annex I of the conditions listed European model withdrawal form;
Technique for distance communication: means that can be used for closing a contract, without the consumer and trader have to be met simultaneously in the same space.
Article 2 – Identity of the entrepreneur
Verthe VOF
Address: Gerard Doustraat 54 1 1072VT Amsterdam, The Netherlands
Telephone: 0031641863084
E-mail: info@verthe.com
Commercial Register: 54662885
VAT identification number: NL851391898B01
If the activity of the entrepreneur is subject to a relevant licensing: the
details of the supervisory authority.
If the entrepreneur a regulated profession:
the professional association or organization with which he is affiliated,
the professional, the place in the EU or the European Economic Area where it is awarded,
a reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules can be accessed.
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, the trader will before concluding the distance contract, indicate how to see in the general conditions for the entrepreneur and that they be sent free of charge as soon as possible at the request of the consumer.
If the agreement distance is electronically closed, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions electronically will be made available to the consumer in such a way that the consumer a simple way can be stored on a durable data storage medium. If this is not reasonably possible, before concluding the distance contract it will be specified where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
For the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
If an offer has a limited duration or subject to conditions, it shall be explicitly stated in the offer.
The offer includes a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content. Obvious mistakes or errors in the offer are not binding.
All offers contain such information that makes it clear to the consumer what rights and obligations which are attached to accepting the offer.
Article 5 – The contract
The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, 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 makes it a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
The entrepreneur can within the law – to inform the consumer’s ability to meet its payment obligations, and of all those facts and factors that are important for a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse or to attach special conditions to implement an order or request.
The operator will look at product delivery, service or digital content to the consumer the following information in writing or in such a way that it can be stored in an accessible manner to the consumer on a durable medium, send:
the address of the establishment of the business where consumers can lodge complaints;
the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal,
information on guarantees and after sales service,
the price including all taxes of the product, service or digital content; in so far as applicable, the cost of delivery; and the method of payment, delivery or performance of the contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite
if the consumer has a right of withdrawal and the model withdrawal form .
In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right
For products:
The consumer may contract concerning the purchase of a product during a cooling-off period of 14 days or terminate without giving reasons. The operator may ask the consumer about the reason for revocation, but not stating his reason (s) require.
The grace period referred to in paragraph 1 shall begin on the day after the consumer or a pre-designated by the consumer third party, not the carrier, the product has received, or,
as the consumer 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 he the consumer informed prior to the ordering process in a clear manner, refuse an order of several products with different delivery time.
if the supply of a product consists of multiple lots or pieces, the day the consumer, or a third party designated by him, received the last shipment of the final part,
the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, the first product has received.
With services and digital content which is not supplied on a tangible medium:
Consumers can a service contract and a contract for the supply of digital content which is not supplied on a tangible medium dissolve for at least 14 days without giving any reason. The operator may ask the consumer about the reason for revocation, but not stating his reason (s) require.
The grace period referred to in paragraph 3 shall begin on the day following the conclusion of the agreement.
Extended grace period for products, services and digital content which is not supplied on a tangible medium by not informing about the right of withdrawal:
If the entrepreneur, the consumer did not provide the information required by law about the right of withdrawal and the model withdrawal form the cooling expire twelve months after the end of the original, in accordance with the preceding paragraphs of this Article shall reflect.
If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of the initial grace period, the grace period expires 14 days day 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 unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the consumer of the product may only handle and inspect as he would be allowed to do in a shop.
The consumer is liable for diminished value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
The consumer shall not be liable for diminished value of the product as the entrepreneur him not to or at the conclusion of the contract all mandatory information provided on the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and their cost
If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period using the model withdrawal form or any other unequivocal manner to the operator.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1 the consumer to send the product back, or he hands it to (a representative of) the entrepreneur. This does not apply if the trader has offered to collect the product itself. The consumer has the return postage term in any case respected if he returns 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 reasonable issued by the entrepreneur and clear instructions.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer must bear the direct cost of returning the product. If the trader has not notified the consumer has to bear them or the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the cost of return.
If the consumer withdraws after first having expressly requested that the operation of the service or supply of gas, water or electricity are not put up for sale in a limited volume or certain amount to begin during the withdrawal period, the consumer is the employer pay an amount proportionate to that part of the undertaking that the entrepreneur fulfilled at the time of withdrawal, compared to the complete fulfillment of the agreement.
The consumer shall bear no cost for the performance of services or the supply of water, gas or electricity, which are not put up for sale in a limited volume or quantity or the supply of district heating, provided that:
the entrepreneur consumer regulatory information concerning the right of withdrawal, the expenses in case of withdrawal or the model withdrawal form is not provided, or,
the consumer does not explicitly the beginning of the implementation of the service or supply of gas, water, electricity or district heating requested during the grace period.
The consumer shall bear no cost for the full or partial transfer of not supplied on a tangible medium digital content if:
he did not explicitly prior to its delivery agreed with the beginning of the fulfillment of the agreement before the end of the reflection period,
he has not acknowledged that he loses his right of withdrawal when giving his consent; or
the trader has failed to confirm this statement of the consumer.
If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9 – Obligations of the trader in case of withdrawal
If the entrepreneur notification of withdrawal by the consumer possible through electronic means, he sends receipt of this notification without delay a receipt.
The trader shall reimburse any payment from the consumer, including any delivery charges by the operator will be charged for returned product, immediately but within 14 days after the day on which the consumer notifies him withdrawal. Unless the trader offers to collect the product, he may wait back pay he has received the product or demonstrates to the consumer that he has returned the product, whichever is the earlier.
The entrepreneur used to repay the same card that consumer, unless the consumer agrees to a different method. The reimbursement is free for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the business owner does not repay the additional costs for the more expensive method.
Article 10 – Exclusion of right
The operator may exclude the following products and services from the right of withdrawal, but only if the entrepreneur 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 the entrepreneur has no control, 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 by the trader to the consumer who attends or is given the opportunity to be personally present at the auction, conducted by an auctioneer and where the successful bidder is obliged products, to take digital content and / or services;
Service contracts after full implementation 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 entrepreneur the agreement fully implemented;
Package as defined in Article 7: 500 BW and agreements of passenger transport;
Service contracts for provision of accommodation, as in the agreement a specific date or period of performance features and other than for residential purpose, transport of goods, car rental services and catering;
Conventions related to leisure activities if the contract a specific date or period of implementation is provided,
according to the consumer’s specifications manufactured products, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are obvious to a specific person;
products that spoil quickly or have a limited shelf life,
sealed products that are not suitable for reasons of protection of health or hygiene to be returned and which were unsealed after delivery
Products after delivery by their nature are inevitably mixed with other products;
Alcoholic beverages, the price is agreed upon conclusion of the contract, the delivery of which can only take place after 30 days and whose actual value is dependent on fluctuations in the market on which the entrepreneur’s control;
Sealed audio, video recordings and computer software of which the seal has been broken after delivery,
newspapers, magazines or magazine with the exception of subscriptions to this,
the supply of digital content other than on a tangible medium, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that he thus loses his right of withdrawal.
Article 11 – The price
During the period mentioned, the prices of the products and / or services have not increased in the range, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, the business products or services whose prices are tied to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at 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 conclusion of the contract are only allowed if the trader has agreed and:
a. they are the result of legislation or regulations; or
b. the consumer has the right to terminate the agreement as of the date the increase takes effect.
The prices in the supply of products or services include VAT.
Article 12 – Compliance Agreement and extended warranty
The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
By the trader, its supplier, manufacturer or importer extended warranty never restricted the legal rights and claims that the consumer under the contract against the trader may assert if the employer has failed to fulfill its part of the agreement.
Under additional guarantee means any undertaking by the trader, its supplier, importer or producer certifying that certain rights or claims to consumers that go than which it is legally required in case he failed to fulfill his part of the agreement.
Article 13 – Delivery and implementation
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 made known to the trader .
Subject to what is stated in Article 4 of these terms and conditions, the company will accepted orders expeditiously but not later than within 30 days, unless a different delivery period is agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to compensation.
After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid refund immediately.
The risk of damage and / or loss of products rests with the employer until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 14 – Extended duration transactions: duration, termination and renewal
Termination:
The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice of up to 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, subject to the agreed termination rules and a notice of up to one month.
Consumers can the agreements mentioned in the previous paragraphs:
Cancel at any time and not be limited to termination at a particular time or in a given period,
at least cancel the same way as they are entered by him
Cancel at the same notice as the company has negotiated for itself.
Renewal:
A contract for a definite period, which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding of the previous paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines be tacitly renewed for a fixed period of up to three months, as consumers this extended agreement by the end the extension may terminate with notice not exceeding one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended for an indefinite period if the consumer may cancel at any time with a notice of up to one month. The notice period is up to three months if the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
A contract with a limited duration of regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will be terminated automatically and not tacitly continued after the trial or introductory.
Duration:
If a contract has a duration of more than one year, the consumer may withdraw after one year at any time withdraw a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 15 – Payment
Unless otherwise specified in the contract or additional conditions should the amounts owed by the consumer to be paid within 14 days after the start of the cooling period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer must in terms never be required to advance more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
If the consumer does not fulfill his obligation (s) meets, this, after the entrepreneur has identified the late payment and the entrepreneur consumer has given a term of 14 days to fulfill his payment obligations, After the failure of payment within this 14-day period, the outstanding amount of statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him charged. These collection costs exceed 15% of outstanding amounts to € 2,500; 10% for the following € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can benefit consumers differ from amounts and percentages.
Article 16 – Complaints
The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the performance of the contract must within a reasonable time after the consumer the defects, fully and clearly described and submitted to the entrepreneur.
submitted to the entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, the trader replied within the period of 14 days with a notice of receipt and an indication if the consumer can expect a more detailed answer.
If the complaint or within a reasonable time or within 3 months after the filing of the complaint can be resolved by mutual agreement creates a dispute that is subject to dispute.
Article 17 – Disputes
On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
Article 18 – Additional or different terms
Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be such that these by the consumer in an accessible manner stored on a durable medium.
Annex I
Withdrawal form