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engels frans

General Terms and Conditions www.clign-o-mat.com

Index:

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 – Obligations of the consumer during the reflection period

Article 8 – Exercising the right of withdrawal by the consumer and the costs thereof

Article 9 – Obligations of the entrepreneur upon withdrawal

Article 10 – Exclusion right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra guarantee

Article 13 – Delivery and execution

Article 14 – Payment

Article 15 – Personal data

Article 16 – Disputes

Article 17 – Additional or deviating provisions

In these terms and conditions:

  1. Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these products are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur.
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal.
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity.
  4. Day: calendar day.
  5. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period.
  6. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, whereby exclusive or joint use is made of one or more techniques for remote communication.
  7. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions, see page 5.

Article 2 – Identity of the entrepreneur

Entrepreneur name: Chateau Deux Chevaux

Business address: Achterstraat 38 4153 AR Beesd

Phone number: 0345-681454

E-mail address: info@clign-o-mat.nl

Chamber of Commerce number: 11027634

VAT identification number: 819054537B01

Article 3 – Applicability

  1. These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the General Terms and Conditions can be viewed at the entrepreneur’s premises and that they will be provided free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. consumer can be stored in a simple manner 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 inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
  5. Entrepreneur reserves the right to change and/or supplement the General Terms and Conditions, but never with retroactive effect.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.

If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are binding on the entrepreneur

  1. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

  1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically by means of. the relevant invoice. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures

Article 6 – Right of withdrawal

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of up to 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part
  5. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

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Article 7 – Obligations of the consumer during the trial period

  1. During the trial period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will report this in writing within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
  6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur upon withdrawal

  1. If the entrepreneur receives the notification of withdrawal from the consumer, he will send a confirmation of receipt after receipt of this notification.
  2. The entrepreneur reimburses the consumer’s payments, in accordance with the invoice to the consumer, within 14 days following the day on which the entrepreneur received the product. . Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  3. The entrepreneur uses the account number to which the amount was credited for reimbursement.

Article 10 – Exclusion right of withdrawal

The right of withdrawal does not apply to the following products:

  1. that were manufactured in accordance with the consumer’s specifications;
  2. which have the character of health or hygiene protection;
  3. of which the packaging is sealed and the seal has been broken after delivery;
  4. that are discounted or offered in a promotion;

Article 11 – The price

  1. The prices of the products will not be increased for the period of validity stated in the offer, except for price changes as a result of financial measures by the government.
  2. Offers are only valid while stocks last.
  3. The entrepreneur is not bound by prices when concluding the distance contract, if there are obvious inaccuracies in the price and/or the product. These can occur as a mistake or by third parties, for example by server administrator, viruses, hackers and the like. In that case, the entrepreneur will contact the consumer.
  4. The prices stated in the range of products are in euros, including VAT. and excluding shipping costs.

 

Article 12 – Compliance with the agreement and extra guarantee

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or regulations existing on the date of the conclusion of the agreement. government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the payment
  3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the contract. the payment

Article 13 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Payment

  1. Payment is required simultaneously with the remote order.
  2. The method of payment is included in the order procedure of the webshop.

Article 15 – Personal data

  1. Entrepreneur will only record the consumer’s data for administrative purposes
  2. Entrepreneur acts in accordance with the Privacy legislation.
  3. Entrepreneur will never provide the data to third parties.

Article 16 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply.

Article 17 – Additional or deviating provisions

Additional or deviating provisions from these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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