General Terms and Conditions of Sale
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the economic 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 thereof
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 1 - Definitions
For the purposes of these terms and conditions:
Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these items 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 who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Durable medium: any tool - including e-mail - that enables the consumer or trader to store information addressed to him personally in a way that future consultation or use during a period tailored to the purpose for which the information is intended, and that unaltered reproduction of the stored information is possible;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Trader: the natural or legal person who offers REEF products at a distance to consumers;
- Distance contract: an agreement concluded between the trader and the consumer within 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 exclusive or joint use of one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and trader having to be together in the same room at the same time.
Artikel 2 - Identity of the trader
Brandfusion Holland BV, inz REEF webshop
- Einsteinweg 25
- 3404 LH IJsselstein
- Tel: +31 (0)30-6879295
- reef@brandfusion.nl
- KvK: 32082886
- BTW nr. NL809539755B01
For the purposes of these terms and conditions:
Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these items are supplied by the operator or by a third party on the basis of an agreement between that third party and the operator;
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Durable medium: any tool - including e-mail - that enables the consumer or trader to store information addressed to him personally in a way that future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Trader: the natural or legal person who offers REEF products at a distance to consumers;
- Distance contract: an agreement between the trader and the consumer concluded as part of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusive or joint use of one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions. Appendix I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader having to be together in the same room at the same time.
Article 3 - Applicability
- These general terms and conditions apply to every offer from the trader and to every distance contract concluded between trader and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader before the distance contract is concluded, indicate how the terms and conditions can be viewed by the trader and that they 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, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer in a simple manner can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated 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 specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply by analogy and the consumer may, in the event of conflicting conditions, always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and / or digital content. Obvious mistakes or obvious errors in the offer are not binding on the trader.
- 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
- The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
- If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
- The trader can, within the legal framework - to inform the consumer whether the consumer can meet 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 investigation, the operator has good 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.
- At the latest upon delivery of the product, service or digital content to the consumer, the operator will send the following information, in writing or in such a way that the consumer in an accessible way can be stored on a durable medium:
- the visiting address of the establishment of the trader where the consumer can lodge complaints;
- the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of an enduring transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but does not oblige the consumer to state his reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
- 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 trader may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
- 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;
Article 7 - Obligations of the consumer during the reflection period
- 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 determine the nature, characteristics and functioning 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.
- The consumer shall only be liable for any reduction in the value of the product resulting from a handling of the product which goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer uses his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the trader.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the trader. This is not necessary if the trader 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.
- The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the trader has not reported that the consumer has to bear these costs, or if the trader indicates to bear the costs himself, the consumer does not have to bear the costs of returning the product.
- 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 trader in the event of withdrawal
- If the trader makes it possible for the consumer to revoke electronically, he shall immediately send a confirmation of receipt upon receipt of this notification.
- The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait until he has received the product or until the consumer demonstrates that he has returned the product, whichever time is earlier.
- The trader shall use the same means of payment that the consumer has used for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
- The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before concluding the contract:
- Products whose price is subject to fluctuations in the financial market that are beyond the trader's control and which may occur within the withdrawal period.
- Contracts concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the trader to the consumer who attends or is given the opportunity to attend the auction in person, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- products which are liable to deteriorate rapidly or have a limited shelf life;
- Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products which, by their nature, have been irrevocably mixed with other products after delivery;
- Alcoholic beverages of which the price was agreed upon at the time of concluding the contract, but of which the delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market over which the trader has no influence;
- Newspapers, magazines or periodicals, with the exception of subscriptions to these;
Article 11 - The 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.
- Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. This obligation to fluctuate and the fact that any listed prices 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 contract are only permitted if the trader has stipulated and:
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the contract as of the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of agreement and additional guarantee
- 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 on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the trader also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the trader, his supplier, manufacturer or importer never restricts the legal rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfill his part of the contract.
- Extra guarantee 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 what the consumer is legally obliged to if he has failed in the performance of his part of the contract.
Article 13 - Delivery and execution
- The trader will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the trader.
- Subject to what is stated in Article 4 of these General Terms and Conditions, the trader accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the trader will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.
Article 14 - Payment
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the trader without delay.
- If the consumer does not meet his payment obligation(s) on time, after the trader has pointed out the late payment and the trader has given the consumer a period of 14 days to still meet his payment obligations, after failing to pay within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the trader is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The trader can deviate from the amounts and percentages mentioned for the benefit of the consumer.
Article 15 - Complaints procedure
- The trader has a sufficiently publicised complaints procedure and handles 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, complete and clearly described.
- 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 notice of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer should give the trader at least 4 weeks to solve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 16 - Disputes
Agreements between the trader and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.