General terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE OF CADAC EUROPE BV - Chamber of Commerce registration no. 08104966 (B2C)
Article 1 - Definitions
In these terms and conditions, the following terms are defined as stated below:
1. Entrepreneur: the natural or legal person who offers products to consumers at a distance;
2. Consumer: a natural person who does not act in the course of a profession or the running of a business and who enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement within which framework only one or more technologies for distance communication are used on the basis of a system organised by the entrepreneur for the distance selling of products and entering into agreements;
4. Distance communication technology: means of communication that can be used to enter into an agreement without the consumer and entrepreneur physically meeting in the same room;
5. Cooling-off period: the term within which the consumer can invoke his right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Day: a calendar day;
8. Continuing performance contract: a distance contract with regard to a series of products for which the obligation to deliver and/or purchase is spread over time;
9. Permanent data carrier: any device that enables the consumer or entrepreneur to save information sent to him personally, in a way that makes future reference to and the unaltered reproduction of the stored information possible.
Article 2 - Identity of the entrepreneur
The private limited company Cadac Europe B.V. (Chamber of Commerce registration no. 08104966), with its registered office in Zutphen and visiting address at Ratio 26, 6921 RW Duiven.
Telephone number: +31 (0)26 3197740 (during office hours).
Email address: firstname.lastname@example.org.
VAT identification number: NL 810430587B01.
Article 3 - Applicability
1. These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts entered into between the entrepreneur and the consumer.
2. The wording of these general terms and conditions is made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the consumer, before concluding the distance contract, will be notified of the fact that the general terms and conditions are open for inspection at the entrepreneur, a copy of which will be sent on request of the consumer, free of charge and within the shortest possible term.
3. In derogation from the previous paragraph, the wording of these general terms and conditions can be made available to the consumer electronically if the distance contract is concluded electronically, before it is concluded, in a way that enables the consumer to easily save these to a permanent data carrier. If this is not reasonably possible, the consumer, before concluding the distance contract, will be informed as to where the general terms and conditions can be inspected electronically, a copy of which will be sent on request of the consumer, electronically or otherwise, free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and in the event of contradictions in the general terms and conditions the consumer can at all times invoke the applicable provision most favourable to him.
Article 4 - The offer
1. If the term of validity of an offer is limited in time or subject to other conditions, the offer must explicitly state this.
2. The offer contains a complete and accurate description of the products offered. This description is sufficiently detailed so as to enable the consumer to make a fair assessment of the offer. If the entrepreneur uses illustrations, they will be a true reflection of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that clarifies to the consumer what his rights and obligations are in connection with accepting the offer. This particularly applies to:
• the price, inclusive of taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• the applicability of the right of withdrawal, as well as the conditions, the term and the way in which the right of withdrawal (if applicable) can be exercised, as well as the costs of returning goods (when the goods cannot be returned by 'normal post');
• the method of payment, delivery and execution of the agreement;
• the term for accepting the offer and/or the term during which the price remains valid;
• the level of the rate for distance communication, if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
• if the agreement is archived afterwards, the manner in which it can be consulted by the consumer;
• the manner in which the consumer can inform himself of any undesired actions before conclusion of the agreement, as well as the manner in which he can rectify these prior to the agreement being formed;
• any languages in which the agreement can be entered into, in addition to Dutch;
• the minimum term of the distance contract, in the event of an agreement that stipulates the ongoing or periodic supply of products or services.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is entered into from the moment of acceptance of the offer by the consumer and him meeting the conditions within that framework.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can cancel the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the safe transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
4. Within the statutory parameters, the entrepreneur may investigate as to whether the consumer will be able to meet his payment obligations, as well as inform himself of those facts and factors that have a bearing on the sound conclusion of the distance contract. If based on this investigation the entrepreneur has valid grounds to decide against entering into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution thereof, supported by reasons.
5. The entrepreneur will include the following information with the product, in writing, or in such a way that it can be saved by the consumer on a permanent data carrier for future reference:
a. the visiting address of the entrepreneur that the consumer can contact in the event of a complaint;
b. the conditions under which and the manner in which (model form of withdrawal) the consumer can invoke the right of withdrawal and/or a clear notification that the right of withdrawal does not apply;
c. information on any after sale service and warranties;
d. the information listed in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur already has provided the consumer with this information prior to the execution of the agreement;
e. the requirements with regard to termination of the agreement, if the term of the agreement is more than one year or if it concerns an agreement for an indefinite period of time.
6. If the entrepreneur has undertaken to deliver a series of products, the provision of the previous paragraph applies to the first delivery only.
Article 6 - Right of withdrawal in the event of delivery of products
1. When purchasing products, the consumer has the option to cancel the agreement within fourteen calendar days, without having to state the reasons. This term commences the day after receipt of the product by or on behalf of the consumer. The consumer subsequently has to actually return the product in question within (again) fourteen days to the entrepreneur.
2. During the term, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent required to assess whether he wishes to keep the product or not. If he wishes to invoke his right of withdrawal, he must return the product and all accessories included to the entrepreneur and, if reasonably possible, in its original condition and packaging, in accordance with the clear and reasonable instructions issued by the entrepreneur.
Article 7 - Costs in the event of withdrawal
1. If the consumer wishes to invoke his right of withdrawal, the costs payable by him will be no more than the costs of the return.
2. If the consumer has paid an amount, the entrepreneur will refund the consumer this amount as soon as possible, yet no later than fourteen days after receiving the withdrawal notification (by means of the model form), provided the returned product has by then be received by the entrepreneur.
Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can only exclude the consumer’s right of withdrawal if the entrepreneur has clearly stated this in the offer, or has at least done so timely prior to concluding the agreement.
2. Exclusion of the right of withdrawal is possible only for products:
a) manufactured by the entrepreneur in accordance with the specifications of the consumer;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;
d) that are subject to decay or aging;
e) the price of which is subject to fluctuations in the financial market beyond the control of the entrepreneur;
f) such as newspapers and magazines sold over the counter;
g) such as audio and video recordings and computer software the seal of which has been broken by the consumer;
h) that cannot be returned for hygienic reasons and the seal of which has been broken by the consumer.
Article 9 - The price
1. During the term of validity referred to in the offer, the prices of the products offered will not be increased, except for changes in price as a result of changes in the VAT rates.
2. In derogation from the previous paragraph, the entrepreneur may offer products at varying prices if these products are linked to fluctuations in the financial market beyond the control of the entrepreneur. The product being subject to price fluctuations and the fact that some prices serve as recommended price only must be stated in the offer.
3. Price increases within 3 months of the agreement having been concluded are allowed, subject to being the result of statutory regulations or provisions.
4. Price increases after 3 months of the agreement having been concluded are allowed, subject to these having been stipulated by the entrepreneur and:
a) subject to them being the result of statutory regulations or provisions; or
b) subject to the consumer being entitled to terminate the agreement from the day on which the price increase takes effect.
5. The product prices referred to in the offer are inclusive of VAT, as well as any other taxes and/or costs due.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products are in accordance with the agreement, the specifications referred to in the offer, the reasonable requirements of reliability and usability and the statutory provisions and/or government regulations applicable on the day the agreement was formed.
2. A warranty scheme offered by the entrepreneur, the manufacturer or importer will be without prejudice to the rights and claims the consumer can exercise and lay towards the entrepreneur for breach of contract by the entrepreneur by virtue of the law and/or the distance contract.
Article 11 - Delivery and Execution
1. The entrepreneur will exercise the utmost care in receiving and executing orders for products.
2. The place of delivery will be the address the consumer has given the entrepreneur.
3. With due observance of the provisions in article 4 of these terms and conditions, the company will execute accepted orders promptly, yet within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partly, the consumer will be notified thereof within one month of having placed the order. In that case, the consumer is entitled to terminate the agreement without incurring costs and will be entitled to compensation.
4. In the event of termination by virtue of the previous paragraph, the entrepreneur will refund the consumer this amount as soon as possible, yet no later than 30 days after termination.
5. If delivery of a product that was ordered appears to be impossible, the entrepreneur will make every effort to make an alternative product available. No later than upon actual delivery, will it be unambiguously and comprehensibly communicated that the delivery concerns a replacement product. The right of withdrawal cannot be excluded in the event of replacement products. The costs of returning the product will be borne by the entrepreneur.
6. Until delivery to the consumer, the risk of damage to products and/or loss of products rests with the entrepreneur, unless otherwise agreed.
Article 12 - Continuing performance contracts
1. The consumer can at all times terminate an agreement entered into for an indefinite period of time with due observance of the agreed notice rules and a notice period of no more than one month.
2. An agreement entered into for a fixed period of time will have a maximum term of two years. If it has been agreed that the distance contract is renewed if the consumer remains silent, the contract will be continued as an agreement for an indefinite period of time, with a notice period of no more than month after that renewal.
Article 13 - Payment
1. Insofar as not agreed otherwise, the amounts payable by the consumer must be paid within fourteen days of the product having been delivered.
2. In the event of sales of products to consumers, the terms and conditions may never stipulate an advance payment of more than 50%. If payment in advance has been stipulated, the consumer will be unable to exercise any rights in respect of the execution of the relevant order, prior to the relevant advance payment having been effected.
3. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details that have been provided or stated.
4. In default of payment by the consumer, the entrepreneur, subject to statutory restrictions, is entitled to charge the consumer reasonable (administrative) costs of which the consumer was informed in advance. The consumer is also obliged to pay the entrepreneur extrajudicial costs in connection with the collection of his claim or claims; these costs will be calculated in accordance with the Extrajudicial Collection Costs (Fees) Decree 2012, without prejudice to the entrepreneur's right to charge further, reasonable costs by virtue of Article 6:96 of the Netherlands Civil Code.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently disclosed complaints procedure and processes any complaints in accordance with this procedure.
2. Complaints with regard to the execution of the agreement must be described fully and clearly and must be promptly submitted to the entrepreneur after the consumer having identified the faults.
3. Complaints received by the entrepreneur are dealt with within 14 days of the complaint having been received. In the event that a complaint takes longer to process than anticipated, the entrepreneur will respond within 14 days, sending a confirmation of receipt and an indication of when the consumer may expect a more detailed response.
Article 15 - Conversion
If and insofar as any provision in these general terms and conditions cannot be invoked on the grounds of reasonableness and fairness or the unreasonably serious nature, that provision will be given a similar meaning in terms of content and purport, so that it can be invoked.
Article 16 - Partial nullity
If any provision of these general terms and conditions does not apply or contradicts public order or the law, only the provision in question will be regarded as not having been written, yet the other general terms and conditions will remain in full force.
Article 17 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded, in writing, or in such a way that it can be saved by the consumer on a permanent data carrier for future reference.