General terms and conditions Consumers
Terms and Conditions
These General Terms and Conditions of the Dutch Home Shopping Organization were drawn up in consultation with the Consumers' Association in the context of the Self-Regulation Consultation Coordination Group (CZ) of the Social-Economic Council and come into effect on January 1, 2009.
Article 1 – Definitions
In these conditions the following definitions apply:
1. Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
2. Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Distance agreement : an agreement in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, exclusive use is made of one or more techniques for communicating on distance;
4. Technology for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Reflection period : the period within which the consumer can exercise 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 : calendar day;
8. Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier : any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unchanged reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Statutory name: Batterijservice Nederland BV
Trading under the names: Batterijservice Nedserland / Batterijservice.nl / Batterijservice.com /Batteryservice
Business address: Burg. Krollaan 21A 5707BA Helmond Netherlands
Phone number: 0031-(0)85 1308 266
Accessibility: Mon. - free. : 8:30 am - 4:00 pm
Sat. - Like this. : Closed
E-mail address: info@batteryservice.nl
Chamber of Commerce number: 72043733 (Chamber of Commerce Eindhoven)
VAT number: NL858960977B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the 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, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding 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 easily stored 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
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 mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is most favorable.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:
the price including taxes;
·the possible costs of delivery;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery or execution of the agreement;
the term for acceptance of the offer, or the term for honoring the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
if the agreement is archived after conclusion, how it can be consulted by the consumer;
the way in which the consumer can become aware of actions he or she does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
· the possible languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted 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 an agreement that extends to continuous or periodic delivery of products or services.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and warranties;
d. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within fourteen working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and 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 accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal upon delivery of services
1. When providing services, the consumer has the option to terminate the agreement without giving reasons during a period of seven working days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) that are clearly personal in nature;
c) which cannot be returned due to their nature;
d) that can deteriorate or age quickly;
e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
b) the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c) concerning betting and lotteries.
Article 9 - The price
1. 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 as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a) these are the result of legal regulations or provisions; or
b) the consumer has the right to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. Prices on the invoice for a business intra-community/export delivery are always exclusive of VAT and any levies in force in the country of destination.
Batterijservice Nederland/Batterijservice.nl is never liable for the payment of (environmental) levies outside the Netherlands for a business and/or ICP delivery.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations.
2. A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert towards the entrepreneur in respect of a shortcoming in the fulfillment of the entrepreneur's obligations under the law. and/or the distance contract.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. 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 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 - Duration transactions
1. The consumer can cancel an agreement that has been entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. An agreement entered into for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement .
2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. 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
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time, after the consumer has discovered the defects.
3. 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 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer .
Article 15 - Liability
A. The customer is at all times responsible for checking after receipt of the products for use, placement, processing or installation and for the correct use of the purchased products.
B. Although we provide our advice and goods and/or work to be carried out to the best of our knowledge, we accept no liability for any damage caused by or as a result of use, whatsoever, of the product by the client and/or buyer .
C. We accept no liability for inaccuracies in data, etc., provided to us by or on behalf of the clients/purchasers (in execution of the agreement concluded with us). We are not obliged to test the data or documents received from the client/customer or through him from third parties.
D. Except for intent or gross negligence, the total liability of Batterijservice towards the customer, for whatever reason, per event (where a related series of events counts as one event) is limited to compensation of a maximum of the amount of the price stipulated for that agreement. (including VAT). If there is a continuing performance agreement, the liability referred to is limited to compensation of the amount that the side owed to the entrepreneur in the relevant month in which the damage occurred.
E. Liability of Batterijservice towards the customer for indirect (consequential) damage, including lost profit, consequential damage, loss of data, missed savings and damage due to business stagnation, is expressly excluded. Batterijservice is never liable for any (consequential) damage caused by incorrect use.
F. The condition for the existence of any right to compensation is that the customer reports the damage in writing to the Batterijservice as soon as possible, but no later than within 14 days after it occurred.
B. Although we provide our advice and goods and/or work to be carried out to the best of our knowledge, we accept no liability for any damage caused by or as a result of use, whatsoever, of the product by the client and/or buyer .
C. We accept no liability for inaccuracies in data, etc., provided to us by or on behalf of the clients/purchasers (in execution of the agreement concluded with us). We are not obliged to test the data or documents received from the client/customer or through him from third parties.
D. Except for intent or gross negligence, the total liability of Batterijservice towards the customer, for whatever reason, per event (where a related series of events counts as one event) is limited to compensation of a maximum of the amount of the price stipulated for that agreement. (including VAT). If there is a continuing performance agreement, the liability referred to is limited to compensation of the amount that the side owed to the entrepreneur in the relevant month in which the damage occurred.
E. Liability of Batterijservice towards the customer for indirect (consequential) damage, including lost profit, consequential damage, loss of data, missed savings and damage due to business stagnation, is expressly excluded. Batterijservice is never liable for any (consequential) damage caused by incorrect use.
F. The condition for the existence of any right to compensation is that the customer reports the damage in writing to the Batterijservice as soon as possible, but no later than within 14 days after it occurred.
Article 16 - 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.