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Terms of Service

General terms and conditions


Article 1 - Definitions In these terms and conditions, the following definitions apply: Withdrawal period: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person, not acting in the exercise of a profession or business, who enters into a distance contract with the entrepreneur; Day: calendar day; Duration transaction: A distance contract that relates to a series of products and/or services whose delivery and/or purchase obligation is staggered over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in such a way that future consultation and 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; Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance; Distance contract: an agreement whereby, in the context of a distance contract concluded by the consumer or entrepreneur, the consumer has the right to withdraw from the distance contract. The system organised by the trader for distance selling of products and/or services up to and including the conclusion of the contract exclusively using one or more means of distance communication; means of distance communication: means that can be used for the conclusion of the contract without the consumer and trader being in the same room at the same time General terms and conditions: these general terms and conditions of the trader.

 

Article 2 - Right of withdrawal
The consumer has the right to cancel the contract within a withdrawal period of 14 days without giving any reason.
to cancel the contract within 14 days without giving any reason.
During the cooling-off period, the consumer will handle the product and its packaging with care.
If the consumer makes use of his right of cancellation, he must return the product with all delivered
accessories and, if possible, in the original condition after appropriate instruction by the
Data of the company

Company:  Claessen Company
Registration number:  93534582

Article 3 - Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. 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, it will be indicated that the general terms and conditions can be inspected at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be found. 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. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 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. If one or more provisions of these general terms and conditions should at any time be wholly or partially invalid or void, the remainder of the agreement and these terms and conditions shall remain in force and the provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision. Situations not provided for in these General Terms and Conditions shall be assessed ‘in the spirit’ of these General Terms and Conditions. Any ambiguities with regard to the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted ‘in the spirit’ of these General Terms and Conditions.

Article 4 - The offer If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer. The offer is without obligation. The entrepreneur is authorised to change and adapt the offer. 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 offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly with the actual colours of the products. 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 concerns in particular: the possible shipping costs; the way in which the contract is concluded and which the actions required for this; whether or not the right of withdrawal is applicable; the method of payment, delivery and fulfilment of the contract; the period for acceptance of the offer or the period within which the trader guarantees the price; the amount of the distance communication rate if the costs for the use of distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used; whether the contract is archived after its conclusion and, if so, in what way it can be consulted by the consumer; the way in which the consumer can check and, if necessary, correct the information he has provided in the contract before concluding it; any languages other than Dutch in which the contract can be concluded; the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuing performance contract. Optional: available sizes, colours, type of materials.

Article 5 - The contract Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein. If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the contract. If the contract is concluded electronically, the trader must take appropriate technical and organisational measures to protect electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the trader shall take appropriate security measures. The trader can - within the legal framework - find out whether the consumer can fulfil 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 assessment, the entrepreneur has good reasons not to The entrepreneur is authorised to refuse an order or request or to attach special conditions to its execution, stating reasons. The trader shall provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the trader's establishment where the consumer can go in case of complaints; b. the conditions under which and the manner in which the consumer may exercise his right of withdrawal or, if applicable, clear information that he is exempt from his right of withdrawal; c. the information about guarantees and the existing after-sales service; d. the information included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the fulfilment of the contract; e. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery. Each contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal When purchasing products, the consumer has the option to dissolve the contract without giving reasons during a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur. 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 return the product with all delivered accessories and - if possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to make use of his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The Consumers should communicate this in the form of a written notification/email. After the consumer has declared that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, e.g. by means of proof of dispatch. If the customer has not expressed the wish to make use of his right of cancellation after the deadlines mentioned in paragraphs 2 and 3 have expired, or if he has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be borne by him. 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. The condition for this is that the product has already been received by the entrepreneur or that conclusive proof of complete return can be presented.

Article 8 - Exclusion of the right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that have been
made by the entrepreneur according to the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that are perishable or age quickly; e.
whose price is subject to fluctuations in the financial market over which the trader has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software for which the consumer has broken the seal; h. for hygiene articles for which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. in the areas of accommodation, transportation, catering or leisure activities to be provided on a specific date or during a specific period; b. the delivery of which has begun with the express consent of the consumer before the end of the cooling-off period; c. betting and lotteries.

Article 9 - The price During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and: a. they are based on statutory regulations or provisions; or b. the consumer is entitled to terminate the contract on the day the price increase comes into effect. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and guarantee The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement. Defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products should be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if: the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered productshave been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the contractor and/or the packaging; the inadequacy is wholly or partly the result of regulations which the state has issued or will issue with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution The company will take the greatest possible care when receiving and executing product orders. Subject to the provisions of Article 4 of these General Terms and Conditions, 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 only partially be carried out, the consumer will be informed of this within 30 days of placing the order. In that case, the consumer has the right to dissolve the contract without costs and without any right to compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution. If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement product.It shall be clearly and comprehensibly indicated at the latest upon delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products lies with the trader until the time of delivery to the consumer or a representative named in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Extended duration contracts: termination of the duration and extension of the duration The consumer can terminate an open-ended contract that extends to the regular delivery of products (including electricity) or services at any time, subject to the applicable termination rules and a notice period of up to one month. The consumer may terminate a fixed-term contract relating to the regular delivery of products (including electricity) or the provision of services at any time with effect from the end of the fixed-term, subject to the agreed termination rules and a notice period of no more than one month. The consumer can terminate the contracts referred to in the previous paragraphs at any time and is not limited to terminating them at a specific time or within a specific period; he can at least terminate them as he has concluded them; he can always terminate them with the same notice period that the entrepreneur has stipulated for himself. Extension A fixed-term contract concluded for the regular delivery of goods (including electricity) or the provision of services may not be tacitly renewed or extended for a fixed period. Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly deliveries of goods or services cannot be tacitly renewed.weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer may terminate this renewed contract at the end of the renewal period with a notice period of no more than one month. A fixed-term contract concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract is for the regular delivery of daily or weekly newspapers or magazines, but less than once a month. A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. Term If a contract lasts longer than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness prevent termination before the end of the agreed term.

Article 13 - Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer has the duty to notify the entrepreneur immediately of any inaccuracies in the payment details provided or mentioned. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure Complaints about the implementation of the agreement should be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.